Originally posted by Jillcpf:
...I still don't Know if I will be getting my unemployment, the lady said she needed to check out a few things with "my old Boss" and I should find out in 7 to 10 days...
Jill:
Call a lawyer NOW. You need help NOW. Your former employer may be playing games behind the scenes.
In Ohio, all employers pay into a state fund for unemployment compensation, and their annual "contribution" goes up or down depending on the number and amount of unemployment claims paid. Every claim costs them, so if they can weasel out of their obligation, it's money saved.
Wisconsin law may be different, but in Ohio, unless you were fired for "just cause" or simply quit, you would be entitled to compensation. A lawyer can help you with that, especially if harrassment was involved.
Ohio law may be typical. Here, if an employer claims that an employee was fired for "just cause", proof of that is required. A few offenses are slam-dunks, such as coming to work drunk, threatening behavior, assaulting others, etc.
But if the employer claims that you were fired for an accumulation of minor offenses, they may (should) have to prove:
A. That some disciplinary procedure is written into company policy, is well known to all employees, and is consistently applied to all empolyees. That usually involves a reminder of rules for a first offense, then a reminder plus some discipline for a second offense, then more severe action for subsequent offenses. The employee's file should be updated with details all through the process. Disciplinary action should leave a "trail" of file documents that can be used to reconstruct the sequence of events. Employee signature isn't often required, but it helps.
B. That you were aware of the offenses
C. That the appropriate disciplinary action was initiated and documented in your file.
D. That you knew of the disciplinary action to come, and were given an opportunity to avoid it by meeting specific goals of improvement.
If there is no written policy on discipline, then the authorities have reason to believe that the company has inconsistent discipline, and might judge that the company discriminated against you.
That said, I would urge anyone who receives unemployment compensation to get back to work as soon as possible. It is intended as temporary assistance, not a job substitute.
A long time "on the dole" tells prospective employers that a job applicant may lack motivation. We're always curious when there's a long break between jobs. If you receive compensation for six months and a prospective employer asks "Why didn't you apply for this job six months ago?", make sure your answer is credible.