Employee quit and then wants unemployment

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Latest post 07-02-2009 2:21 PM by Beth3. 10 replies.
  • 07-01-2009 4:40 PM

    Employee quit and then wants unemployment

    We had an employee quit her job last week while we were in the process of giving her a written warning and her bi-annual review.  Her written warning was from missing 21 days of work since January 1st, and for walking off of shift twice (without notifying the boss) in less than two weeks.  At the beginning of June, we had put her on a different shift due to poor performance.  Anyways, during her review, she went off on how she did so much for us, how she "worked her @$$" off for us, all these things she did, etc...and acted very angry that she was getting a warning.  The boss then tried to explain how lenient we have been with her, how we have excused her over and over again, how we kept her employed when she should have been fired, and so forth.  It was basically a "who did for who" argument, which ended with her saying she was quitting and that she wasn't going to sign anything we had for her.

    She had also called us "bas**ds", not knowing that a patient was receiving acupuncture in a closed door room.  You can still hear everything in that office.

    Now yesterday, I get a call from the unemployment office with a woman who rather rudely accused me and the boss of screaming and swearing at this employee, and how we were telling her not to file for unemployment...her excuse for absenteeism was that we let her go home early because there was no work, how employee left shift because of heart problems (but didn't give me documentation of it nor did she inform the boss who IS a doctor that she needed to go to ER) and sais she didn't tell Dr cuz he was busy with a patient (but interrupts him to ask what kind of coffee he wants), and how we cut her hours because there was no work.  NONE of the above is true, but the woman from the unemployment office basically accused me of it. 

    Is there anything that I can do from here?  I am really upset that any of this has even happened, and even more insulted that the woman from the unemployment office was really rude when I thought they were supposed to remain impartial to both parties?  Can this employee still get benefits from us?  What should I do?

  • 07-01-2009 4:44 PM In reply to

    Re: Employee quit and then wants unemployment

    "Can this employee still get benefits from us?"  What should I do?

    Anything is possible. 

    "What should I do?"

    Document everything that happened and provide it to the Unemployment folks. 

  • 07-01-2009 4:46 PM In reply to

    Re: Employee quit and then wants unemployment

    You follow the proper procedures to contest her UC request. So far they only heard one side of the story.

  • 07-01-2009 4:48 PM In reply to

    Re: Employee quit and then wants unemployment

    You didn't post your state....but basically you object to unemployment on grounds that employee voluntarily quit . You need to sort out UC  rules for your state. The fact that she would been fired for cause : missing work 21 day and walking off shift 2 X I might save to addres before hearing officer .

     

     

  • 07-01-2009 4:53 PM In reply to

    Re: Employee quit and then wants unemployment

    I live in Illinois.  Thank you all for your replies.  :)

  • 07-02-2009 9:57 AM In reply to

    Re: Employee quit and then wants unemployment

    Her written warning was from missing 21 days of work since January 1st, and for walking off of shift twice (without notifying the boss) in less than two weeks.   Wow.  You're incredibly lenient.  At the very least, I'd have fired her the first time she walked off the job (if not sooner due to all the absences.)

    Given her behavior, particularly during the disciplinary meeting, is it any surprise she told the UC division a pack of lies?  This is an individual with a HUGE sense of entitlement.

    Just follow the process when you receive the written notification from the UC Division.  Respond in writing stating what really happened - and do be explicit about the language she used and statements she made during the disciplinary meeting - and send them copies of all documentation you have on her attendance and other performance problems, including the warning you were going to give her had she not quit on the spot.

    And if you don't mind some advice, next time, don't be so lenient when you see such significant performance problems developing.  It never pays. 

     

  • 07-02-2009 10:09 AM In reply to

    Re: Employee quit and then wants unemployment

    I wanted to fire her a long time ago (she had once called into work, but then decided to come in after Dr had closed the office and worked (supposedly) for 5 hours) - I wanted her out then, but Dr. is a very big-hearted person.    

    We received a notice from unemployment before this took place, then another one on the day she quit (it was after she quit that we got the 2nd notice asking if there was any change), so I faxed unemployment a letter stating what had happened.  I called a gentleman that told me that an unemployment rep would call the former employee and then call me.  The phone call has already taken place, and the woman told me that I would either get another call (if they felt they needed the employee's rebuttal) or a letter determining eligibility for benefits.

    After all of this, it has been agreed that the leniency is pretty much over with except in extreme circumstances.  

  • 07-02-2009 10:25 AM In reply to

    • cbg
    • Top 25 Contributor
    • Joined on 12-22-2000
    • MA
    • Posts 4,147

    Re: Employee quit and then wants unemployment

    I had an employee once who had been a marginal performer ever since her first day, who, because I accidently knocked over an empty Coke can that was sitting on her desk, had a screaming fit in the middle of the reception area in full view of anyone who came by and within the hearing of the CEO, who was in a meeting with some potential investors (who could also hear her); who was sent by one of the managers after that to go to lunch just to get her out of the office and calmed down; and who, while on her lunch break, approached a city policeman and told him that she was afraid to go back to work because her boss (me) was harassing her. This after I had just covered her little backside by doing a report that she was supposed to have done two weeks ago, and which she had not even started, and after due solely to her carelessness a co-worker was left stranded in another city with no hotel room, no rental car, and a return ticket for the wrong day. Just that one mistake of hers alone cost the company $750. P.S. All of this happened in a single day. And that was just one day.

    Without even consulting me, upper management fired her the next day.

    Do you know what she told the UI office was the reason for her termination? Lack of work.

     

  • 07-02-2009 12:25 PM In reply to

    Re: Employee quit and then wants unemployment

    Do you know what she told the UI office was the reason for her termination? Lack of work.

    Well, sure.  You were doin' it for her.  Ok

  • 07-02-2009 2:15 PM In reply to

    • cbg
    • Top 25 Contributor
    • Joined on 12-22-2000
    • MA
    • Posts 4,147

    Re: Employee quit and then wants unemployment

    You should remember that situation, Beth. I believe you were one of the people I spent that afternoon venting to.

  • 07-02-2009 2:21 PM In reply to

    Re: Employee quit and then wants unemployment

    Yes, I do.  That particular employee was a nutcase.  At least the cops didn't throw you in the klink.  Ok

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