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Do you think I will collect?
Himura666
Registered User regular
Registered User regular
So here is my story. I was put on suspension from my job three weeks ago today. I had said something over the intercom by accident when I was speaking with a fellow associate and friend. I said "My BLANK department is closed to douchebags." It was a stupid mistake and immediately apologized and was completely unaware of the intercom being on. I then was directed to a back office where I filled out my statement about the incident. My friend also gave his statement agreeing that it was a complete mistake. I then accepted my suspension from my GM with dignity and left work.
I was told that suspension would be only two to three weeks at the most. After three weeks my job has still left me hanging with no answer. When I called the HR division where my supposed case for investigation was sent too, they have no answers and advise me to speak to my managers. And as to no surprise my managers have no information and inform me to keep waiting. I have worked for this job for four consecutive years and have had numerous promotions and no prior incidents involving anything like this on my record. I filed for unemployment today seeing as my job has left me high and dry. Do I have a chance?
I was told that suspension would be only two to three weeks at the most. After three weeks my job has still left me hanging with no answer. When I called the HR division where my supposed case for investigation was sent too, they have no answers and advise me to speak to my managers. And as to no surprise my managers have no information and inform me to keep waiting. I have worked for this job for four consecutive years and have had numerous promotions and no prior incidents involving anything like this on my record. I filed for unemployment today seeing as my job has left me high and dry. Do I have a chance?
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Almost all states are at-will employment states.
Start looking for another job and I really wouldn't count on getting unemployment.
but they're listening to every word I say
Eh, you hear that a lot but it is not true. Even with cause you can get unemployment most of the times. I qualified when I was reported as "abandoning my job." If the company pays by the hour and refuses to call him back or give him a status update about his employment he can probably qualify. If he was salary he'd probably be fucked, though, or if he's getting paid while suspended.
Considering you haven't technically been terminated yet, i doubt you will get unemployment. even if you were terminated actually...
To me it sounds like retail and that a store full of customers got an earful.
that i could understand. But people flub the intercom all the time here, i don't think anyone has said "douchebag" but i've heard naughty things. sounds like you are getting a raw deal, but yeah do what Thanatos said, that will at least force them to give you an answer. Is it a 9-5, or do you have shifts? They can't just leave you hanging like that beyond the timeline they gave you. If they think they can, it's probably time to look for a new job anyways.
Or they could have him removed from the store and that's not going to look so good when he's filing for unemployment.
Is HR on site? It's above his manager's heads now and if they're the only ones there, going in isn't going to do anything.
They won't have him removed from the store for showing up. Again, this sounds like retail. The worst case scenario is the manager saying, "I have no information, HR isn't talking to me, you're not allowed back to work yet, you have to leave." And that will be that.
At the point, the only course of action left is to follow up with HR, and if they refuse to give him any more information, file for unemployment, claiming you were terminated without cause. After all, they haven't given you any reason to think you've been fired yet, and therefore they've given you no cause for said termination. Unemployment will review the matter, send it to the employer to dispute, and if they claim you were fired with cause, appeal it, and they will be forced to provide documentation that demonstrates that they informed you that you were terminated, and why.
That's how it works here, anyway. If they do go down that route, it may not hurt to get a legal consult, if you can, before pursuing unemployment.
I wouldn't be surprised if he wasn't on the schedule (some places make them week to week, ugh). What also wouldn't surprise me is if they kept scheduling him and then fired him for no call-no show/job abandonment.
If it's retail i doubt it. HR was notoriously hard to get ahold of when i worked at a major sporting goods store. unless you were reporting someone, then there was a hotline.
unless he's a loud jackass i doubt they'd have him removed from the store/office.
And if there's no HR there there's no point in him going in. I'd just call every three or four days until he gets an answer.
Document everything. If it's not on paper, it didn't happen. All those calls you've made? You never made them. When you asked your manager what happened? No you didn't. Write something down saying you came in on x date to ask about your status, and that the manager had no information. Politely ask him to sign it. Tell him you're doing so because the job is important to you, and you want no confusion about the actions you've taken to resolve the problem.
Basically, as far as the company is concerned you've done absolutely nothing toward coming back to work. There is no record, no paper trail, so they suspended you, and you vanished.
Yes, and when you're suspended you wait to hear back from them regarding a decision. Now, they are past the point where they told him they'd get ahold of him, but I can't imagine that going into the store, and asking to use company phones to get ahold of HR is going to fly. It's going to be disruptive if anything. When you are suspended from somewhere, you don't go there until told otherwise.
I can understand a quick popping you head in and going, "Hey, guys, have you heard anything?", but coming in and demanding signatures and phone use? If someone I had suspended came into my workplace and started asking to use the phone there to call people (company or otherwise) they'd be told to go home and use their own.
I'd really like to know exactly what HR told you. If they told you to speak to your managers, call your managers again. Keep calling them every few days until someone decides they're going to make a decision. Find out who is making the decision, because it's obviously one of the two. You'll have phone records showing that you've been calling these people. There's your documentation.
If it's not on paper, it didn't happen. Which brings up a good point. Where are your suspension papers? HR or your manager should have sent you home whit some documentation, including how long you'd be suspended for.
I sense you are being royally screwed over here, and you just haven't discovered how yet. Start looking for other work ASAP.
How is that a horrible idea? It shows he called, it shows the amount of time spent on the phone. It's on paper.
And, no, they didn't have to send him home with anything. He's not under some sort of contract as far as we can tell, so they can effectively just write him off the schedule until they decide they want him back, if at all, which it really doesn't sound like they do.
It'd be nice if the OP would pop back in here and give some specifics.
There's no "fiasco". They told you a period of time, barely went over it, and now they're making a decision.
And dont count on unemployemnt since if you are getting fired its for disiplinary measures and theres a good chance you could be denied.
I can't believe if you were suspended and there was no paperwork. If they fire you with no written reprimands, you might have a leg to stand on re: unemployment though. On paper, all it looks like is they took you off the schedule for 3 weeks. you haven't signed anything right? Typically anything that goes in your file has to be signed by you.
Considering employers sometimes have to pay a hirer tax rate based on the number of unemployed individuals that come from said employer, its not uncommon for them to fight unemployment claims.
This. Especially some place that has an HR department. If you're fired, don't expect any help getting unemployment. The best you can probably hope for is a good recommendation from a manager when looking for another job.
Congrats. Now stay away from microphones.
This. Also, don't forget you now have a bit of ass to kiss.