a quandry

[Bella_Vixen]

A coworker was fired. I happen to know that the REAL reason was because the IM didn't like him. New manager had no say in the matter.

IM and M left the final paperwork laying around. This is just wrong for many reasons. I also think that IM told another coworker what was about to go down before it happened. Another big no-no. Official paperwork had VERY false reason(s) for firing. I also happen to know that they will deny unemployment, just for the hell of it.

Should I say anything to fired coworker? This should be grounds for something...right?

[Alfie]

Would there be some sort of phone line you can call about workers rights? In Australia, we have Industrial Relations. I called them when I had an issue with work. I didn't have to leave my name, tell them who the employer is or anything.

Maybe you can call them, tell them what you know without leaving your name, and get advice from them before you act on it. You may find out that what you know they did was definately wrong, and that they are acting illegally. That would make me want to let the ex-employee know. But you may also find out that there isn't really anything s/he can do about it, then you could save the ex-employee undue stress about the matter.

[Ms. Pounce]

Official paperwork had VERY false reason(s) for firing. I also happen to know that they will deny unemployment, just for the hell of it.

Depending on where you are, it's not up to the employers to decide who gets Uneomployment Insurance or not... it's up to the state. (I worked in UI for NYS). The employer can contest it and put up a fight to try and prevent payment on the claim, but the ultimate decision lies with UI.

Now, if the official paperwork has "false reasons" for termination, that could be a problem. I wasn't an LSR (the adjudicators... I was a Senior ES Clerk... I cleared simple issues), but I do know that employers had to follow their own policies & procedures to fire someone.... if they didn't, the termination didn't matter and the claimant would be awarded their UI. The employer would also need proof for a justifiable termination (punch cards proving lateness, a police report if someone got slugged, testimonials, etc etc etc...). It can be just as hard for an employer to get UI denied as it can be for some claimants to get it paid.

[digilight]

Yup like Ms Pounce said, it all depends on where you are really. Speaking on California law, we are basically a "At Will Employment" state, which means that you can be fired for any reason at any time. With the exceptions being the standard Race/Religion/blah blah blah norm's. You can even be fired for those, but they have to list something else, read: Invent a reason.

Here you cannot get unemployment for being fired for reasons such theft, attacking a coworker, etc. There is also a thing called, I believe, "voluntary termination" or something like that. What this means is if policy states that no show = no job (whether its 1 no show or 3), if you get fired for not showing up to work its the same as if you quit. And you don't get unemployement benefits if you quit.

Of course the law's are different from state to state so the standard YMMV applies.

Edit: I would suggest possibly looking for another job. A manager who would go to such underhanded tactics may be the same who would have no problem slamming the knife into your back and giving it a good twist if it would benefit him. Just a suggestion for the future.

[Ms. Pounce]

And you don't get unemployement benefits if you quit.

Actually, if you have good reason to leave your job, NYS will award UI benefits.

Good reason could include: A pay cut, a change in hours, marriage/moving to follow a spouse, harassment (gotta have paperwork to back that up), assault (paperwork galore & police reports needed) aaannnddd uuh... there are other reasons, but nothing I can think of off the top of my head.

My ex-fiance quit his job when they changed his hours on him. He had a specific arrangement for transportation and the hours were outside of his way in. They told him, "Take a bus", but the bus he needed to take to get to work didn't even start *running* until 6am, and he needed to *be there* at 6am. He quit and filed for UI. 5 or 6 weeks later he got it. His employer appealed the decision... by the time the hearing came around my fiance didn't even bother showing up, he had a different job... The employer showed up, but they still lost.

Interesting story about UI from a different perspective.... Once upon a time I had was unemployed I was filling out the paperwork for a temp agency called Manpower... they had me sign this sheet saying I would be ineligible for Unemployment Benefits between temp jobs. Load of hooey! I signed it, then nonchalantly mentioned that including that statement in the contract could void the whole contract since it was against state law. Needless to say, they didn't find me a job. :P

[Bella_Vixen]

And did I mention that IM, who is no longer really involved with our store, except when the new manager has a question, wants K to take off early to have her baby? And he doesn't mean it for her benefit; he just doesn't want to have to worry about "baby goo" on the floor if she goes into labor at work.

[Broomjockey]

they had me sign this sheet saying I would be ineligible for Unemployment Benefits between temp jobs. Load of hooey! I signed it, then nonchalantly mentioned that including that statement in the contract could void the whole contract since it was against state law. Needless to say, they didn't find me a job. :P

Man, that must have been one REALLY crappy contract. Most contracts contain a clause that if any part of the contract is unenforceable, the rest will still be honoured as if the clause did not exist, and my Legal Issues prof said that the ones that didn't would still usually be held that way unless the contract becomes really unbalanced or something like that.

[Ms. Pounce]

Oh yeah, it was a stupid contract. Basically a form filled with legalese, meant to be impressive... and none of it would stand up in court. The people who assumed it was a legal contact wouldn't bother filing for UI, but the people who knew better would file anyways. ~shrugs~

It was great taking provider calls & telling the reps they couldn't tell their employees they weren't allowed to file for UI. Heh.