Denied Unemployment! Can a company deny paying unemployment?

I was let go from my job back in December for what I later found out was due to misconduct. Apparently one and only one of our clients was not pleased with my level of customer service and they said something to a manager who then in turn said something to the boss. i was never offered any more training but I was given a verbal and then a written warning.

Anyway, I filed for unemployment back in early Dec. Here is is the middle of Feb and I have not started receiving benefits. I received a letter this weekend from the state unemployment office stating that due to the statement the job gave them I was being denied unemployment. I have appealed the ruling and I'm waiting on my hearing.

In talking with a few of the employees that are still at the company I've found out that they have since let go about 10 or 15 people due to various reason and that they deny everyone's unemployment. I was even told that this particular company has never paid anyone unemployment because they deny everyone.

Can they do this?

I was told that because it was a private company they have more rights than other companies but I'm not sure if that's true.

Can a company deny unemployment to everyone they fire / let go / lay off?

What grounds do I have to fight this?

I can understand that if you are fired then you are penalized several weeks but it's not like I walked in and just quit the job or I cursed out the managers or anything like that.

They offerered no training just called me into the office to say I was getting a written warning. My immediate manager has since resigned from the company because of the way it was run.

What can I do?

Cubs Girl

the company can appeal the unemployment claim but its up to the unemployment office to decide whether the claim for appeal is sufficient enough.

You can follow the appeal decision that was sent to you with the decision or call your local office.

grantstoner43

It is ultimately the Employment Development Department's decision to deny or approve you. Since you appealed, they should investigate it further. I had a former employer try to block by unemployment as well, but the EDD took my side, fortunately, so I didn't have to fight it. They did tell me what my employer said, and asked for a rebuttal/clarification.

Shane

Company's can do anything they want to not pay out unemployment. But you have a great argument since you were terminated and it was not for theft, violence, breach of company policy, excessive lateness and/or absences, and gross misconduct. The Unemployment Insurance Office does not ever deny unemployment benefits on the grounds that a persons work performance was not up to par. What happened to you is called a "constructive discharge." This is your argument. You were not let go for any of the things I write. You were let go because of a customer complaint and at no time were you ever rude, etc... You attempted to defend this and you were not allowed to do so and terminated. You can certainly bring up you are not the first victim of their practice to ensure employees who are terminated are denied benefits. And certainly bring up the fact of lack of training. You see, bottom line is they must have told them you were let go for any of the reasons I wrote OR that you were let go because you were rude to more than one customer and therefore becoming a financial hardship on the company. When you go to the hearing they will disclose what they said. You will be fine as long as you make a strong oral argument you were let go for no cause. Finally, if the company can prove there was any "misconduct" on your part you will not win the case.

Micki

How rotten for you - sorry.

You should talk to the unemployment office in your state - they are the only ones who can help you.

Judy

The company can't deny unemployment. They can contest it, but the u.c. people make the decision. As a general rule, a client being dissatisfied wouldn't be considered misconduct and shouldn't disqualify you from getting unemployment, assuming of course that you didn't deliberately do something obnoxious to the client.

Good luck.

Lisa A

Yes, they can do this. What grounds do you have to fight this? You're doing it. Go to the appeal. Don't whine about anything being unfair, don't whine that nobody held your hand and gave you counseling. Just explain that the company is downsizing and let you go. And that they only came up with the "misconduct" after the fact as a dodge specifically to avoid paying unemployment.

Ralph N

at the hearing--say you were not trained the right way.

The company can say what ever they want--show the letter to them-and keep fighting- the company does not want to pay.

saved_by_grace

They can deny unemployment. You always have the right to an appeal.

YourSmallBizExpert

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