Home > Personal Finance > How to Get Unemployment Benefits

Comments 390 Comments
Advertiser Disclosure


For millions of Americans, unemployment benefits provide a lifeline during a difficult time. But collecting those benefits isn’t always simple. Unemployment claims are often denied, sometimes for avoidable reasons. Find out more how to increase the chance you get those needed benefits.

What Are Unemployment Benefits?

Americans who find themselves without a job may qualify for financial help from the government. Officially called the Federal-State Unemployment Insurance Program, these benefits can provide you temporary income while you’re unemployed and looking for work. This can help you manage your finances while unemployed.

Eligibility and benefits vary by state. In most states, funding is acquired through a tax imposed on employers—though a few states require employee contributions as well.

Do I Qualify for Unemployment Benefits?

In general, you must meet two essential criteria to qualify for unemployment insurance benefits, according to the US Department of Labor:

  • You lost your job for a reason that wasn’t your fault.
  • You meet your state’s unemployment insurance rules, including requirements about the time you worked or the wages you earned.

You also need to be actively looking for work while on unemployment. You’ll likely be required to file weekly or biweekly claims and answer some questions about your continued eligibility.

COVID-19 Accommodations

In times of great need, like the recent COVID-19 pandemic, unemployment benefit criteria may change. The US Department of Labor recently announced guidelines allowing for unemployment insurance flexibility during the COVID-19 outbreak, based on the CARES Act. Federal law now allows states to pay benefits where employers temporarily cease operations or where an individual has been quarantined or leaves employment due to a risk of exposure, for example.

  • Pandemic Unemployment Assistance: PUA extends benefits to self-employed individuals, independent contractors and freelancers—all of whom do not generally qualify for unemployment benefits.
  • Federal Pandemic Unemployment Compensation: FPUC provides an additional $600 per week for those who qualify.
  • Pandemic Emergency Unemployment Compensation: PEUC extends benefits for an extra 13 weeks.
  • Short-Time Compensation: Employees whose hours have been reduced can receive partial unemployment benefit payments.
  • Waiting Week Waiver: Many states require a waiting week after unemployment before benefits begin. States have been encouraged to waive this weeklong waiting period.
  • Work Search Requirements: Work search requirements have also been waived by many states.

These additional assistance programs are up to the discretion of your state. Review your state’s specific guidelines below for more information.

How Do Unemployment Benefits Differ Between States?

Your state determines what unemployment benefits you are eligible for, how much assistance you can receive and how long you can receive these benefits. Check the bottom of this page to find how to start the application process in your state.

Note that Puerto Rico and the US Virgin Islands currently qualify for the unemployment insurance program. Guam, American Samoa and the Northern Mariana Islands do not.

How to Get Unemployment Benefits

Because the rules for unemployment insurance are strict, it’s important that you understand what’s required of you to apply for benefits. It’s also important that you know how to position your case and what to say when you talk to unemployment. Here are some tips for increasing your chances at receiving benefits.

Before You Quit

Planning to quit and get unemployment benefits? Tread carefully. Unemployment is generally intended for individuals who unexpectedly lose their job. However, if you quit for “good cause,” you may still qualify. Each state determines what qualifies as “good cause,” though, so make sure you understand your state’s guidelines before you resign. Good cause may include unsafe work conditions, harassment or discrimination, or medical reasons.

The key to successfully filing for unemployment in cases where you quit is documentation. Start recording your complaints and your employer’s response early on. It’s your employer’s lack of appropriate action that might make or break your case for unemployment benefits.

If you submit a formal letter of resignation, be careful. You might want to include just the date of resignation to avoid having to justify quitting when you claimed you “had a great experience” on your letter of resignation, when you were just trying to be polite.

1. File for Unemployment Benefits

To get unemployment, you have to apply for it. Many people don’t bother because they think they’ll get right back to work somewhere else. But you could be receiving benefits you’re entitled to while you’re on the job search. Since unemployment can impact your finances for years, this proactive step can help you stay ahead of things and avoid future money struggles.

Another reason people don’t file is that they assume they aren’t entitled to benefits. This is usually the case if someone quit their job or were fired, but in some cases, you can still qualify for benefits. If you felt you had no choice but to quit because your employer had repeatedly failed to address serious safety concerns, for example, you might be able to file for unemployment.

Each state has its own application process, so check the bottom of this page to find your state and begin.

2. Read and Respond to Your Unemployment Notice of Determination

Once you file for unemployment compensation, an adjudicator will review your case. That person decides whether you’re entitled to your unemployment benefits or not. You’ll receive a Notice of Determination explaining whether you’re eligible for benefits or your claim has been denied.

The Notice of Determination typically states whether the employer is “chargeable” for your claim or “not chargeable.” If the adjudicator determines the employer was not chargeable, you have to request an appeal within a very specific period of time. If you appeal, you’ll have to attend a hearing to determine your eligibility.

When you get your Notice of Determination, read it carefully. If you aren’t absolutely certain you understand it, get help. Don’t assume you aren’t eligible for benefits. If you don’t file an appeal by the deadline, the state will deny your benefits and you may have a difficult time reopening the claim.

Unemployment claims are denied for many reasons. Some common reasons include:

  • Work-related misconduct that was documented by the employer through various discipline steps as outlined in the company’s employee manual.
  • Quitting your job without good cause.
  • Failing a drug test either as the reason you were fired or while you are on unemployment and seeking new work.

3. Fight for Your Rights

If your unemployment claim does go to a hearing, your case will be assigned to an administrative law judge. Your employer has plenty of incentive to challenge your claim. If you’re successful, the employer’s unemployment insurance tax rate will go up, often significantly. And don’t forget that state unemployment funds are usually strained, which may result in state workers looking for reasons to deny claims as well.

It can be a good idea to get help in making your claim at this point. Your employer will have help: An experienced human resources person, witnesses such as managers or supervisors, and even an attorney might be attending on behalf of your employer.

Whether you have assistance or are going it alone, here are some things to do to help make your case for unemployment:

  • Demonstrate that the employer was unfair via documentation you have of complaints that went unanswered or a string of unfair treatment.
  • Say—and demonstrate—that the employer did not follow its own procedures when disciplining or firing you.
  • Show how you were treated differently than other employees under the same circumstances, especially if you were fired and they were not.

Apply for Unemployment Benefits

If you’re ready to apply for benefits, check the table below for your state’s or region’s unemployment insurance website to get started.

State or RegionStart Here for Unemployment Benefits


Alabama Department of Labor


Alaska Department of Labor and Workforce Development


Arizona Department of Economic Security


Arkansas Department of Workforce Services


California Employee Development Department


Colorado Department of Labor and Employment


Connecticut Department of Labor


Delaware Department of Labor

District of Columbia

District of Columbia Department of Employment Services


Florida Department of Economic Opportunity


Georgia Department of Labor


Hawaii Department of Labor and Industrial Relations


Idaho Department of Labor


Illinois Department of Employment Security


Indiana Department of Workforce Development


Iowa Workforce Development


Kansas Department of Labor


Kentucky Career Center


Louisiana Workforce Commission


Maine Department of Labor


Maryland Department of Labor


Massachusetts Department of Unemployment Assistance


Michigan Department of Labor and Economic Opportunity


Minnesota Department of Employment and Economic Development


Mississippi Department of Employment Security


Missouri Department of Labor and Industrial Relations


Montana Department of Labor and Industry


Nebraska Department of Labor


Nevada Department of Employment, Training and Rehabilitation

New Hampshire

New Hampshire Employment Security

New Jersey

New Jersey Department of Labor and Workforce Development

New Mexico

New Mexico Department of Workforce Solutions

New York

New York Department of Labor

North Carolina

North Carolina Department of Commerce

North Dakota

North Dakota Job Service

Ohio Department of Job and Family Services


Oklahoma Employment Security Commission


Oregon Employment Department


Pennsylvania Office of Unemployment Compensation

Puerto Rico

Puerto Rico Department of Labor and Human Resources

Rhode Island

Rhode Island Department of Labor and Training

South Carolina

South Carolina Department of Employment and Workforce

South Dakota

South Dakota Department of Labor and Regulation


Tennessee Department of Labor and Workforce Development


Texas Workforce Commission

US Virgin IslandsUS Virgin Islands Department of Labor


Utah Department of Workforce Services


Vermont Department of Labor


Virginia Employment Commission


Washington Employment Security Department

West Virginia

West Virginia Department of Commerce


Wisconsin Department of Workforce Development


Wyoming Department of Workforce Services

Comments on articles and responses to those comments are not provided or commissioned by a bank advertiser. Responses have not been reviewed, approved or otherwise endorsed by a bank advertiser. It is not a bank advertiser's responsibility to ensure all posts and/or questions are answered.

Please note that our comments are moderated, so it may take a little time before you see them on the page. Thanks for your patience.

  • Alicia Cooper

    I was terminated for being late a lot because of trains stopped around my job so I had to go around causing me to be late I did tell the supervisor but they go by the time we clock in. I got denied from unemployment and I filed an appeal what are my chances of the outcome for this reason?

    • Jeanine Skowronski

      Hi, Alicia,

      You may want to consult an unemployment attorney about your best recourse.



  • Jeanine Skowronski

    You may want to consult an unemployment attorney about your claim.

    Thank you,


  • Jeanine Skowronski

    You may want to consult an unemployment attorney to see if you have a claim.



  • http://www.credit.com/ Credit.com Credit Experts

    It’s probably best if you consult an employment attorney on this matter. Good luck, Nancy.

  • amya14

    Hello .. I was fired from my job for unsatisfactory performance.. I want to apply for unemployment but I worked for an Indian reservation in MN. someone told me that they do not pay unemployment tax and won’t have to pay.. so I would not get unemployment.. is this true?

  • http://blog.credit.com/author/christine-digangi/ Christine DiGangi

    You may want to consult an unemployment attorney on this matter.

    • Jennifer Mathews

      This may sound like a stupid question, but why exactly do you say that?

      • http://blog.credit.com/ Kali Geldis

        Hi Jennifer —

        We can’t give legal advice, so we recommend you talk to an attorney or expert who specializes in these issues.

  • Michael Kay

    I won my appeal because the didn’t follow protocol. The didnt give verbal,wrote me up once and fired on same day.If they would have given all three then they could fire.Important info they cant add like any non attendance write up to the absenteeism write up .They all have to be attendance related. Hopefully this will help others.

  • Jeanine Skowronski

    You may want to consult an unemployment attorney about your claim.

    Thank you,


  • Jeanine Skowronski

    Generally, you can’t get unemployment if you resign voluntarily (including to go to another job), but you can consult an unemployment attorney about your specific claim. Businesses must generally compensate new employees for training, unless very specific criteria is met.



  • Rs

    I need to
    Make an appeal can any one help on what I shuld say I quit my job to take a new job but got denied becuase
    It wasn’t good enough reason

  • Michael Kay

    Hello Ladee81,was terminated the same way recently. Am filing an appeal. just curious if you got your unemployment or will it be a waist of time?Thanks!

  • mella

    hi, I live in Texas and file unemployment, my first decision was denied, they said I did not put in enough effort to protect my job. first thing I was working for a staffing services, and I got sick and wasn’t able to talk, I showed them doctors notes, and I call and email my manager every day that I was out, so they said I did a no call no show on 09/01/2015, and also on 09/15/2015. but clearly my emails showed that I had call and email my manger on 09/01/2015, but I was not scheduled to work on 09/15/2015, so I filed an appeal, I just had my appeal on 11/13/2015, the employer was not there, and now my hearing office rescheduled me for 11/25/2015, because she wanted my call logs, which I request my phone carrier to send me my call log for the month of September, an I had got the letter notarized, which the hearing officer have this info, no due to my phone carrier is a pre-paid account, they sent me a letter back saying it had to be subpoena if I want my record…now do you think I should get my unemployment benefits. I have done everything in my power to show proof, that I have call out, which they have the email, because not only did I call my manager, I also email him, so I kept a paper trail because I had 4 different manager within the first 2 months, and due to lack of communication and unorganized with this company, because the company is located in Arizona, and Iam in Texas

    • Spencer, National Employee Rep

      I would not go forward with your hearing on the 25th, I would ask the TWC to issue a subpoena to your phone company. If your request is not granted, then go to the hearing and tell the Hearing Officer that you are not ready to proceed because the log records were not provided but you are confident they will be at a later date. This could be a little tricky so you should acquire representation. I can help you if you want to give me a call.

      • mella

        HI, I ask my Hearing office can she request a subpoena, she said she cant, they cant request a subpoena, But I was scheduled off that they and the employer never attended the hearing, what will happen now, I have a hearing on 11/25/2015. just me and the hearing officer.

        • Christy Rosal

          I just want to know what happen to your appeal?

  • Mike

    I was asked to go on three weeks hiatus without pay what the companies hopes that the workload would increase and save my job. I agreed and went on hiatus . After four weeks on hiatus without pay I was told the hiatus would need to be extended . I was officially laid off seven weeks after the initial request . Shall I ask the company to absorb part of the weeks without pay while on hiatus ? Can I / should I negotiate the official layoff date with the company ? Thanks in advance.

  • Phuong

    I recently had a baby and when I went back to work my husband stayed off for 6 weeks for baby bonding. He was planning to return to work but his co workers stated that the employer has laid off a lot of employees and they are cutting hrs for everyone. Is it okay for my husband to get unemployment look for another job? He wouldn’t make less then what childcare will cost. If the employer contest againist it saying that he was off to care for a child will it be a problem?

    • Jeanine Skowronski

      Hi, Phuong,

      You may want to consult with an unemployment attorney about what your options are and what eligibility would be. If your husband was not involuntarily laid off, it may negate his claim for unemployment.

      Thank you,


  • Njomza Hasani

    I was terminated from my job for asking for time off which was approved with no doubt I had a last minute plan change and went to florida instead of michigan.I came back when for my shift how every my boss terminated me. I have never been written up or anything so what should i do and say because I am appealing my unemployment

  • April Kushak

    I filled for unemployment benefits. I received a letter stating that I am eligible for benefits. My question is, is that temporary? Meaning that gives the employer time to appeal that decision?

    • Spencer, Nat’l Employee Rep

      Yes, it may be temporary. The employer now decides whether he/she wants to contest your claim. If your employer contests your claim, your benefits will stop and you’ll get notice of a hearing.Typically, you’ll know their intentions within the next 4 weeks. So hold off going to the nail salon…you’ll probably be biting them until you know. The good news is if they contest your claim, you can contact me to represent you at your hearing.


    This is meant for Spencer:
    I hoping you would help me understand the decision after my hearing it is as follows:
    Claimant is subject to disqualification from benefits under ORS 657.176(2)(a) until requalified under Oregon unemployment law. Claimant benefit rights based on wage credits are not subject to cancellation under ORS 657.176(3). Could you please help me understand this decision you can email me at whatsreality333@gmail,com

    • Spencer, Nat’l Employee Rep

      Without having the entire decision in front of me, I would be speculating. You can forward me your decision through my email for review. spencer@beattheboss.tv

  • Bryant2012

    I am having surgery on my ankle and my employer won’t hold my position and I do not qualify for FMLA. Can I draw unemployment in this situation?

  • Tiffany

    My son was on life support 1month ago. I came back to work the day after he’s out of the hospital out of fear for my job. I had to go see hr and she said basically the wanted to fire me since i took the time and didn’t have it, but according to law my job was protected. 3Weeks later my son has still not seen the doctor or run tests that need to be run as i have no pto. I go to hr in desperation and also inform her that i feel as if i being treated badly by my boss like he wants to fire me. Her response was yes because you violated polic. And took time you didnt have. She offered in another 2 weeks i could borrow 3 days which would be all the time i had for the yr and to make the best of it and schedule many doctors appointments during those 3days as i would not have more for the year. I will quit today and being caring for my child. Will i be eligible for UI benifits?

    • http://www.Credit.com/ Gerri Detweiler

      Tiffany – What a stressful time for you. We’re so sorry to hear it. The fact of the matter is you won’t know if you will be approved until you apply. If you are denied, you may want to get help with your appeal. Mr. Cohn’s book “Beat the Boss – Win in the Workplace” (available in bookstores or online) can be helpful for navigating these situations, and he also works with individuals to help them with their appeals.

  • Monica

    I get paid salary, and my boss wants us to work more that 40 hrs a week will I get Unemployment benifits if I quit?

    • Spencer, Nat’l Employee Rep

      Sounds like your boss is unilaterally adding new terms to your employment. Perhaps you agreed to work overtime when you were hired. Better check that out on your employment application. On the other hand, will your boss gladly pay you overtime? That’s time and a half per hour. If your boss will not pay you, then contact the Department of Wage and Hour. If your boss doesn’t adequately compensate you, and the Department of Wage and Hour agrees, then quitting and collecting unemployment is an option.

  • Wikishia Wantthisforever Tanne

    I was wondering if I could file for unemployment if my job is under investigation and don’t know when they are gonna be able to pay me. I haven’t been paid in two weeks because their assets are frozen. Is there anything I can do about the pay that I never received because I have bills that need to be paid?

  • jen

    My employer was hired by a new company and they cut the hours drastically at my job and made it impossible to finish tasks or not go over time. We were getting in trouble for going over our hours of the day or not finishing tasks. If we went over our time, they would cut our hours the following week.
    I worked off the clock to finish my task before going home and prevent cut hours and possible reprimanding. They fired me for working off the clock. Am i eligible for unemployment?

    • Spencer, Nat’l Employee Rep

      Perhaps you should have determined the terms of your employment with the new employer before accepting and continuing to work there. How long have you been working for new employer? Might be too late to quit now and collect benefits.

  • Jamie Baker

    So, I received my adjudicator phone call tonight after 5pm. I live in OR. And the whole conversation basically felt like an interrogation. I had signed something when I was let go (after being out on workers comp and prior to that had missed time due to kidney stones, surgery for said kidney stones, etc) that stated my employer would not fight me on benefits. The adjudicator told me it doesn’t matter what I sign? And she asked me questions and a few of them were lies from my employer. So now, I’m scared I’ll be denied this week, as I felt like I was being harassed by being asked very petty personal questions instead of what I figured I’d be asked. Like did I work there? How long? Etc. What should I do? Should I be worried?

    • Spencer, Nat’l Employee Rep

      Let’s see what the result is and if you did lose, contact me and I’ll help you. Spencer

  • Ashley

    I left my prior job to go work for a ” good friend” that I trusted more than anything. When I first started working at this new job it was like I was the greatest thing that happened to this company EVER. I worked harder than I have ever worked in my life and put my entire heart into it including teaching people things and giving advice. As time went on I began to realize that this was the most unprofessional unorganized company I had ever worked for and wondered what I had gotten myself into… I continued to do what I do best and just did my job 110%. My ” good friend” got extremely jealous that I was processing files for another co worker as well that he apparently did not like, so naturally weeks of major chaos went by and it got worse and worse with the abuse, dis-respect, lies, harassment, etc. He even made my boss turn on me. Weeks of being scared to walk across the office and even fill up my water bottle went by and the next thing ya know I get called into bosses office and get fired. 15 files of customers with deadlines still sitting on my desk and not being finished they have lost multiple customers and friends due to this crazy abusive atmosphere they have created. I just need to know if I should file unemployment as I know they will fight me over it or if I should just take them to court for the harassment I went through?

    • Spencer, Nat’ Employee Rep

      File for unemployment benefits and if they contest your claim, contact me and I will represent you. You have plenty of time to file a charge of discrimination, after your expected unemployment hearing. At the unemployment hearing, the employer will show some of his cards which might help in your charge of discrimination, if you then decide to file one. Now I would suggest you go see the movie, “The Gift”.

      • Ashley

        I have tried to file discrimination & harrasment for his abusive outrages he has pulled on me & he is running his mouth about me & making it very difficult for me to find a job where I live. I can’t get through to anyone at EEOC or commission center. I have called for days. I even contacted lawyers in the area. This guy needs to be stopped.

  • LaneMaddy

    I am currently in a situation I need help with. My boss has fired me then apologized and rehired me several times the past few weeks. She says she loves me and I always have job security here (my job). She gets very personal with employees as you can tell. She is openly and out spoken about being mentally ill i.e bipolar/depressed etc. She treats me terrible and is mentally abusive. She has now officially fired me, but is keeping me to train someone and finish up projects. She is giving me 2-4weeks before complete dismissal. But with her I have to take her words with a grain of salt, she might make me leave tomorrow or in 5 weeks. She offered me “freelance consultant” position, but I know its because she will end up firing me after I become freelance, so she does not have to deal with my unemployment benefits. What can I do? Do I file now or after I am completely gone for the business? This situation is very confusing. I have documented everything so I have proof just in case. Please advise, I am lost.

    • http://www.Credit.com/ Gerri Detweiler

      @LaneMaddy – Spencer Cohen’s book, Beat the Boss, goes into scenarios like this and it may be helpful for you to read as you navigate this. (I seem to recall something very similar in the book.) Of course you can always reach out to him directly as well.

  • TayTay34

    I resigned my position at my previous job because my employer failed to provide me with an important document (Employment Verification Form) I needed to obtain assistance with child care. My employer approved my time off request. The day of my appointment HR was not in her office to provide me with the form I needed for my appointment. When I asked the supervisor if she knew when HR will be back I was told HR had been gone since 10am that morning and she did not know when she will return. After waiting for about 30 minutes I left. Around 1:30pm that day I called my former employer to speak with HR, but she had not made it back to work so I left the fax number with a coworker to give to HR upon her arrival to fax the form. A couple hours later during my child care appointment I discover the form had not been faxed so I call my former employer to find out why. When I called HR was in her office. She told me the form was incomplete because she did not have access to my hours worked. I informed her she didn’t have to fill out that part of the form because I had no recent hours worked do to me being on six weeks of unpaid maternity leave. The 4C office was requesting my rate of pay and the hours I will be working each week because I had no recent paystub do to my maternity leave. That part of the form she stated was filled out. To sum up a long story I was told by the 4C coordinator I should have came prepared and I would have to reschedule. Do to me not having anyone else I could depend on to keep my kids till the next appointment and not having any money to pay for child care I had no choice but to quit my job do to an urgent need to care for my kids because my employer would not grant me any more time off from work. My unemployment claim was denied. They stated I quit my job due to lack of child care. The reason for quitting was personal and was not attributable to the employer. How is them not having an important document I requested in advance to be filled out for my child care appointment not made available to me my fault and not the employer?

    • http://www.Credit.com/ Gerri Detweiler

      This is such a specialized situation. You can reach out to the expert interviewed in this article, Spencer Cohen, at BeatTheBoss.tv or to an attorney with expertise in unemployment for assistance on whether and how to appeal this.

  • MrsShanita Pollard Sharp

    I was terminated from my job for protecting and defending myself from a former employee. I was verbally/physically assualted by my cowoker. The verbal assualt was my least of worries, but then she physically put her hands on me not once but twice so I defended myself and they fired me saying that I should have walked away even though everything was on tape and they saw her push me twice

    • Spencer, Nat’l Employee Rep

      The employer is saying that you had the opportunity to retreat. Did you have an opportunity to retreat? If so, the employer may be right, however, what you should be doing is contacting the police. If your employer contests your claim for benefits, contact me.

  • Sharon Hernandez

    I work in HR office about a year. I’m doing a great job but my English is not that well and I am starting to feel uncomfortable, people treat me different ways including my closed co-workers. Never get invite to the meetings and if they have food they wait everyone is not in the meeting and then invite me to get some food if I want. Sometimes I do not get invites to the small meeting (only for HR), and do not get included in their chats, leave me alone in my desk. And one of the reason they hired me is because the 75% of the employee work in the floor (labor) speak Spanish. I’m starting to have depression for all the situation. If I decide to quit because because that uncomfortable situation can I collect money from unemployment?

    • http://www.credit.com/ Credit.com Credit Experts

      Sharon —
      Typically unless they are doing something illegal, you would not. A better idea would be to look for a new job with a more welcoming environment.

  • Tracy

    I was terminated from one warehouse due to me telling the supervisiors there security guard was harassing me and spreading untrue rumors about me and they let me go so I went back to my original post which I was working for 5 years and the company fired me because my mom was my supervisor and they knew that the entire five years I was working there met every boss there was and even got a raise a few weeks ago and now they said I’m terminated due to that and they knew the whole time that’s why they told me to stay a temp and they would figure out a way to hire me until then just stay and temp and they would give me raises I’m tsa certified since I had to be. What should I do I’m extremely lost right now?

  • Deee

    I lost my job because my boss said I hurt my back four months ago but there was no incident report made it was based on here say he told me to file for unemploymen and now he is saying its a workman scoop problem and will say he laid me off due to a injury because I missed 2 days of work because my back was sore granite this was 4 moths after I supposelynfotmhurt agin ther is no proof I even got injured

  • lori

    Quit my job recently unemployment my favor have been receiving payments now employer appealing they sent altered paperwork todes office in az what to do

    • Spencer, Nat’l Employee Rep.

      Next up, you’ll receive a Notice of Hearing. I would look for representation. I can certainly help you. Spencer, Nat’l Employee Representative

  • ashley

    In New Orleans I was recently terminated from my job i was always on time never late, no right ups, and no warnings There was times i would work 12hr shifts with no breaks. i’ve been there for 93days and they fired me. There reason was because i made numerous of errors in the system (which i didnt do)i have a text mesg. Of them telling me im doing awesome and thanks for doing things will i qualify?

    • Spencer, Nat’l Employee Rep

      When you say, “Will I qualify?” I think what you’re asking is “Am I eligible for benefits?” I don’t know what your work history is to give you an honest answer. If you are asking me whether you’re entitled to benefits if the employer is unhappy with your performance. Unsatisfactory performance usually always wins unemployment benefits for claimants unless the employer can show you did not apply yourself.

    • ashley

      Ive been approve for unemployment

      • http://www.Credit.com/ Gerri Detweiler

        Thanks for letting us know. I hope things work out for you.

  • Taracia Thomas

    I have to have surgery an I’ll be out of work for about 3 to 4 weeks can I draw unemployment until I can return to work

    • http://www.credit.com/ Credit.com Credit Experts

      Taracia —
      I wish we had more to offer . . .

      You can check your state’s requirements. But in general, unemployment benefits are reserved for people who are willing and able to work and do not have employment (as opposed who are unable to work for health reasons). That sounds more like short-term disability or sick leave (if available).

      We suggest letting your health care provider know of the potential problem while you recover. Financial worries can affect your health, and the medical team may know of resources that could help.

  • Jessi Lee C

    Hi I was terminiated from my job and on the seperation paper it said due to not following systems. I filed for unemployment even tho my past employer wont have to pay anything to me Im getting unemployment from my job back in 2014. She tells the unemployment people that I was let go due to not following the systems. Up unto the point of getting let go i had never gotten written up, was never late , infact her and the owner was telling i was doing a great job. The unemployment office said she has 48 hours to send in written documentation showing where i didnt follow the system and since i never was written up. i was wondering if that mean ill have a great chance in getting my unemployment.

    • http://www.credit.com/ Credit.com Credit Experts

      All you can do is apply and see — whether you have a great chance or almost no chance at all, all that matters is what the decision is in your specific case. If it doesn’t go your way, you could consider getting legal representation.

    • ashley

      Same thing im going threw it sucks i contacted the eeoc

  • Natalie Gonzalez

    Hello in January 2015 I quite my job of 4yrs because I was pregnant and have severe nausea and vomiting. My bosses where giving me a hard time about it. I asked my boss when I handed him my proof of pregnancy whats the what should ibdont I have nauseous and cant make it to the restroom can I just step aside or walk away till I get to a trash can. They told me NO I have to put myself on break and go to the restroom that is not in the same building as my work place. I was constantly being sent home literally every other day. I was becoming very stressed out not knowing y would I be sent home for today. Finally I was called back into the office and was told this isn’t working out(after 4yrs of my working there) so they sent me home and told me to think about of I wanted to come back. At that point I couldn’t take the harassment anymore. I wasn’t eating nor sleeping and very emotional my fiance and mother decides for the sake of me and my unborn health I should not return to work. My baby past away that month and I did not find out till march 2015 because my employer cancelled my insurance. And I was denied unemployment because I did not request a leave of absence. I accumulated enough money on my unemployment is there any other way that I can get the help even if I have to pay it back? Thanks in advance

    • Spencer, Nat’l Employee Rep

      The employer is not without unclean hands. If the employer was aware of your situation, then they should have notified you of your options, including a leave of absence. I would file an appeal to your denial of benefits. If you need help, feel free to contact me.

      • Natalie Gonzalez

        I actually really do need your help. I wasn’t In form that I could take a leave of absence. To my knowledge I Though i had to save my leave of absence for my maternity leave. I feel like my employer twisted my arm and force me out because I could not guarantee Them that I would not get morning sickness. They even sent me home and had my Dr fill out a disability form. My dr said your not disable your pregnant but ill do my best filling out the form. A coworker of mine also quite a week of 2 before me because they gave her a hard time as well. I would greatly appreciate your help resolving this case please let me know how to contact you. Thanks again

  • Gloria

    After 30yrs with the same company I was recently forced on a medical leave due to using mobility aides, the employer is saying that they cannot accomidate me and do not have a position at this time that can, I am still officially employed by them for another year. I have been awarded my unemployment benifits, I have been following the rules looking for positions that do not require much walking. Now that i have been out of work for 4 months my Dr. determined that I needed imediate surgery on a failed knee replacement that I had done 6 years ago. During surgery infection was found so there will be at least 6 weeks recovery before a new joint can be placed and then recovery from that. My question is can I still recieve my benifits? I do continue to follow the rules for applying for positions I believe I can do,without any luck, so realisticly I am answering the questions for payment honestly. I have heard something about unemployment disability? I live in Denver Colorado

    • Spencer, Nat’l Employee Rep

      All claimants ask the same question. Can I still receive my benefits? File and then you will know. Everyone’s record is different, so regardless of your fact scenario, file and let’s see what the Unemployment Office says. If you receive a denial letter, contact me or someone to represent you at a hearing.

  • kathi

    My son was denied benefits because him employer said he was guilty of misconduct because he was late to work on occasion. His letter from unemployment (NJ) says he is disqualified from 5.10.15 to 7.4.15. He is filing an appeal, but my question is, if he is disqualified for that time period, does it me he will be able to collect benefits after 7.4.15? this whole process is very confusing.

    • Spencer, Nat’l Emplyee Rep

      In New Jersey, there are two kinds of misconduct. Simple and Severe. If you’re found to be disqualified because of misconduct, I believe you’re entitled to some weeks of unemployment. If disqualified for severe misconduct, then you would not be entitled to any weeks. Regardless, win your unemployment appeal and not concern yourself. Win your unemployment benefits by getting someone to represent you. I don’t know your son’s unemployment history to fully answer your question.

  • Aaron

    I got hurt at work.. worked for 7 month with restrictions,then employer said I cant work you anymore if you get released give me a call and I’ll see what I can do.. got released a month later contacted employer immediately.he said I’ll get back to u asap.. waited a week no response I filed unemployment.. employer called 2 hrs after I filed and said he had work but wants me to take a function test.if I pass he contact me and put me back to work if I don’t pass he can’t have the liability.I failed test and didn’t contact employer afterwards because he told me I couldnt return prior.
    .I lost 1st appeal and waiting on appeal to board..he told unemployment I voluntarily quit.apeal judge said I initiated the seperation.ex employer admitted during appeal that he never contacted me to set up return yo work date and he has work for me but can have the liability.. wtf!? I think I’m getting the shady here!

    • Spencer, Nat’l Employee Rep

      Did the employer have a policy that required a “function test” be administered in the event of injury or merely a doctor’s note releasing you back to work. Regardless, as a lot of employees do, you’re seeking information at the end of your rope. Since you are in front of the Board, (which is generally going to address whether the judge violated your due process rights) its virtually too late for me to help you at this point, unless the Board miraculously sends your case back to the Hearing Officer or Administrative Law Judge for further review. If that happens, contact me and then maybe we can salvage your issue.

  • Nakeeda Waddell

    My job is loosing the line i work in due to lack of work…..I have been employed for 17 months…now they are saying i have to work in a department that dos not fit my availability and i have 6 kids …they also have a point system where you get 30 pts you are fired and the point system does not account for the heart attack i had and still got the points in two weeks due to illness i have 22 pts. They have work available that i am capable of doing but they state that even though i have worked there last summer for 3 months. I feel they are trying to avoid having to pay unemployment if they lay me off. My boss basically stated you will be let go then.Is this legal?

    • Spencer, Nat’l Employee Rep

      Employers can be ruthless. Employers generally don’t care why you are absent, they just want a warm body around. Fortunately, when it comes to unemployment benefits, the state is interested in why you are unable to work. For instance, if you are sick, or through no fault of your own you are absent, you should be entitled to your benefits, should you lose your job for attendance violations.

  • Leslie Hall

    Well I feel the whole system really stinks, there are us older folks that have worked forty-five or more years and are can no longer do the type of work they have done for years LIKE NURSING WHICH IS VERY HIGH STRESSED but are too young to retire, WE at this age are being told that we are in need of higher education. Most of us would simply like to retire. I left my last employer due to the fact that after being on 8 separate interviews with the same facility, I was informed that I was not good fit. I have a bachelor’s degree in criminal justice, I have worked in Nursing for over 33 plus year’s, served my Country in the USN Nurse Corp, and you want to tell me that I have no right to collect unemployment! I have every right you see, I have saved every email that was addressed to me for each one of those jobs in which I applied and was turned down for, not to mention that each one of them I was qualified to do. This occurred on the Navajo Indian reservation, it was not what you knew, it was who you knew! You so do not want to tell people that they cannot apply unless you have walked a mile in their shoes !!!! Also if you are younger than me and think you know more, guess again!

  • Robert Gomberg

    Thanks to Spencer for his representation of a Nevada unemployment appeal. He was responsive, detailed, and just plan knew the process. The unemployment appeal process is a specialized area and his ability to tell me exactly what would be asked during the hearing made it much easier to deal with a stressful process. I would recommend Spencer as National Employee Representative to anyone needing his services.

  • Rene1212

    I was recently on FMLA Maternity leave in NY. A week prior to when I thiuti I was supposed to return I called my boss to figure out my return date and talk about the possibility of returning with a remote working schedule. We played phone tag then I got a call from HR telling me I missed my return date. I asked if I could submit a proposal to work from home to upper management. He said of course and they were flexible. So I submitted my proposal and a week later I got a call from HR saying my proposal was denied and they did not want me to return. When I filed for UI they contested saying that I quit for no good causes no I was denied and asked to pay back the money I had claimed for filing fraudulently. Should I appeal this?

    • http://www.Credit.com/ Gerri Detweiler

      Rene – I’d suggest you reach out to Spencer directly for his take on it. His website is BeatTheBoss.tv

    • Spencer, Nat’l Employee Rep

      Yes. What do you have to lose? You may contact me to discuss. Spencer

  • Scot Glynn

    I was fired for no reason from the company I worked for, but my paychecks were cut to me through a staffing agency. There was no written documentation of ANYTHING. I broke no company rule, violated no policies, I was just told I didn’t have a job anymore one day in the middle of the week. I filed for unemployment the same day, and now, over 3 weeks later, I am still waiting on a “determination” because the only way I could file was by stating I was fired for misconduct. Nobody has denied my claim, yet I still haven’t gotten paid yet either. Rent and electric bills are due soon, and I have NOTHING, no employment, no unemployment. What should I do?

    • Spencer, Nat’l Employee Rep.

      Contact the unemployment office and find out your status.

  • Dawn gilbert

    I live in Nebraska I manage rentals for a person that gives me a 1099. He gives me $150 a month for one job and $350 a month for another both are managing rental prop. I pay self employment tax and file Schedule C in Nebraska he doesn’t pay anything on me such as workers comp. or soc sec. so I thought I was considered a private contractor but when filing for my unemployment on a job that paid me waged and a W2 in the state of Nebraska. I was told I still had to claim the money that I get for the job that I get a 1099 for and that if I quit that job or was fired from that 1099 job that I’m considered a private contractor for tax purposes that I would get penalized for my current claim on the w2 form job I feel like I’m being doubled dipped. I have to pay self employment tax and then I have to claim it on my regular unemployment for a different job as wages I don’t get how you can be both..My current upemp. Is being paid by a company that I worked full time for and revved wages. The 2 small managing positions are considered private contracting because I am the one paying in and the person that I contract with is not required to get a tax I’d # or pay anything. I was just wondering if anybody has heard of this or if I’m not being given the right information by the unemployment office because they seem pretty confused about everything.

  • KK

    I recently returned to work after being on Family Medical Leave, I was out for 2 months. When I returned the job I had been doing was shifted to a different department, I came back to work having no idea what I was supposed to be doing or what my new job description was. I requested a new job description 3 times. Finally I became so stressed and anxiety ridden that I left work and didn’t return for a week. When I returned I had a new job description but had no training on these new job duties. Additionally my employer posted our short term disability policy stating that if you had to make a claim you would be paid at 66.67% of your weekly benefits. When I received payment from the Short term disability company it was on 60%. I contact our benefits office to have them look into this and I have not heard back from them. I filed a complaint with the Commerce department and I’m waiting to hear back from them. I appears I’m being punished for taking FMLA……..
    will I be eligible for unemployment if I quit due to the benefit pay discrepancies.

  • Aaron Jefferson

    1 supervisor came up to me after working for a few hours and said he was giving me a warning, I asked what the warning was for he explained i wasnt working hard enough i needed to step up my performance. Later on about 5:00 am my foreman came up too me and said he saw me not doing anything which was a lie i just finished putting some trash away. Stated that it wasn’t working out and that i could go home. I asked why? Stated that i hadn’t done enough that night. I’m pretty sure this qualifies me under work performance ????

    • Spencer, Nat’l Employee Rep.

      Based on what you’ve written, it sounds like you were working. However, I’m sure the employer has other instances where he/she believes you were not performing, otherwise they would not contest your appeal, right?

      • Aaron Jefferson

        Just had my fact finding interview, my ex-employer did not answer. I told the truth, what can I really expect?

  • Sharon Petty

    Hello I just quit my job in Arizona as a FOH manager. There was a 22 year old
    male buss boy they never could take any correction from me. After 7 months and him be writtren up for various reasons. I asked if he could close the other night he said yes. Then had a very nasty and angry attituide all night. I found out he told an off duty manager I forced him to close. Then next day the other manager with me in the office called him in to address this. He would not look at me and screamed he was not acknowleging me in the office and that he hated my guts. I’m almost 60 years old. They asked him to leave and he quit and walked out. Then owner hired him back 1 day later when I was off. Never asked me about this. I came to work last night and found this all out. I explained I was not comfortable closing up the place late at night by myself with this bussboy there. He say he needs people. I left. I need to be safe, and told him so. Left my keys and gave him a handshake and wished him well.

  • Kathie

    I just spent 3 days in the psychiatric ward due to severe depression. Then per the doctor I was off an additional 3 +1/2 days for my meds to take. It was very hard to return to work. I had been assured by my boss that only my 3 supervisors were aware of my situation. Instead I return to find that a woman who does not work for our company, but works in the same building and is the major gossip teller in the building was told. Can I collect unemployment if I leave. I can barely stand to go into work.

    • Spencer, Nat’l Employee Rep

      Only three supervisors know? How did they become aware? I would see if under the circumstances your doctor would advise you to quit in a doctor’s note. The rationale being that continuing to work there would continue to aggravate your situation. Once you have that in hand, collecting unemployment should be no trouble.

  • Kimberly

    I left my job for three months for unpaid maternity leave as a full time employee and when I was returning I was told the position is now part time! There is no way I can work part time with two kids paying babysitter fees..if I decide to quit and not return can I collect unemployment?
    Please help I can’t reach anyone on the phone to ask.

    • Spencer, Nat’l Employee Rep

      Generally, if when the employer changes the terms of employment (full time to part-time) it gives rise for good cause to quit. The rationale is that the earnings have been substantially reduced. If you were in fact a full time employee prior to maternity leave, you should receive your unemployment benefits. This doesn’t mean your employer won’t contest your claim. If you need help with your claim, feel free to contact me.

  • nino

    Hi I wase layed off due to lack of work at my company so I opened a claim with unemployment I got approved last week my employer ask me if I can go to work at different state for couple a days or weeks I told them I can’t due to my son he can’t be home buy him self after he come home from school couple days later they call me I need to go to the office to sign determination paper and write ups I ask the secretary what’s the reason she told me I refused to go to work at a different shop for couple weeks I don’t know if will effect my unemployment or not but I didn’t go to sign any thing any help please comment

    • Spencer, Nat’l Employee Rep

      A different state or a different shop in your present state? I’m not sure what you signed, but whenever you sign something, you must know what you’re signing. If you don’t know, take it home and have someone review it with you. Once you know what it is they want you to sign, contact me for further discussion.

  • pawsnva

    I was terminated in VA for performance and without warning. My claim is on hold until they conduct a fact-finding telephone call. What are my chances of getting unemployment benefits and what do I need to have when they call? Thanks,

    • Spencer, Nat’l Emplyee Rep

      What are the chances the 6th horse in the third race at Gulfstream race track will win, place or show? Seriously, how would I know that? Be smart, find a representative to prepare you for your hearing. You may contact me anytime to discuss your separation.

      • pawsnva

        This initial contact is a phone call for a fact finding interview.

  • iriejen

    WereI was employed with the same company for nearly 15 yrs. On March 9, 2015 I was terminated due to verbal warning regarding punctuality and a keying error made.
    Over one year prior I was given written counseling regarding unsatisfactory performance in which
    I completed every action step and was praised for my work ethics as well as my department goals reviews for that year all supported my outstanding performance. The one day I was late (in which the rule is if over 15minutes late you must call supervisor-I was 8mins late
    due to a Dr app). The night prior to this I worked 9am-9pm I’m scheduled 9am-6pm salaried employee so I never receive over time pay typically I worked over 20hrs a week so you wud think 8mins late in over a year would be of no real issue for my supervisor but she pulled me into a side room and yelled/screamed at me like I was her teenage kid out past my curfew, it was embarrassing to say the least but I never imagined they would fire such a dedicated employee. I was actually doing the work of two position so maybe if I wasn’t in charge of ordering all office supplies for the entire office as well as every employee I wud not made a simple keying error that did not even coat the department any $ or time as I fixed it within 10min. I’ve filed for
    unemploymen as of 3/15/15 and they have me scheduled for a telephone fact-finding interview on 4/20/15. I’m now going on over a month now with no answers and I’d really like to know if just wasting my time. If I apply for a 401k loan I won’t get unemployment but of something doesn’t happen soon I’ll be homeless??? Is one 8min day late and a keyig error enough to deny me unemployment benefit after 15 yes of employment?

    know if I draw$ on my 401k unemployment will not pay me so I’m left at their mercy.

    I worked 9am-9pm (

  • lady j

    I was terminated from job due to falsification documents it was one document of verification form to receive public assistance due to the fact I was going through hard ship with my child who has special needs, it had manager’s name on it. She also stated I did not have good interest for the company. Which had nothing to do with the company. How should I fight this. I’m in such of a need for this money my landlord decided he not renewing lease I have no family and no where to go with three children. God help me…

  • nora

    Yes I work for a small copy and I had to take off PTO time because my manager said that I was doing things incorrectly. She stated that there was something wrong with me. I told her that I was stressed. She said that I needed to see my PC doctor and come back with work excuse. I went to Dr. and came back with excuse stating that I was able to work without restrictions and that he advised counseling instead of meds. I went to my OB and explain the situation and she prescribe meds. I brought and excuse form her. The manager said that it was sufficient at first but later stated that I needed to see a counselor. I went to the counselor and explain the situation that I had to bring a Dr. excuse back before returning to work stating that I am focused to do my job with no restrictions.
    Since I returned to work I have been stresses even more just about everyday the manager complains about my work performance,. She verbally abuses me and talk short whenever I ask her a question . She is consistently accusing me of retaliating and trying to wreck her business. She also accuses me of trying to do things to her office equipment. She calls me a liar to my face when I tell her that I did my task. I think that I am being set up. She has changed my work hours. She demoted my from salary to hourly pay without saying a word .She sends me home whenever some things goes wrong in the office. She even blames me when some else makes an error. The manager is constantly threatening to send me home or give my time off. I was suspended for 2 weeks without pay for something that she said I did not do when I know that I did it. She stated that there is something wrong with me and I need to get some Medical help and that she can see that there is something wrong with. She stated that even the patients are asking if I am okay. I guess that she is saying that I am crazy. I can not return to work without a Dr. excuse. I want to quit this job because I can not take the day to day abuse. It is diffidently not healthy . If I am suck a bad employee why not fire me why just keep me there to verbally abuse me in front of others. It is no fun going to job everyday when you do know how your day is going to be.

  • nora


  • gary

    My employer attacked me and I defended myself by locking his arms to prevent him from hitting me so I left the hostile situation for the day. I called my supervisor to let him know I would return in the morning only to receive a text stating do not return and my last check would be in the mail. I filed for unemployment benefits and received a check now the employer is fighting it. Now what do I do?

  • The Internet Heel

    I just “quit” work. I simply could not take it anymore. There is this supervisor who is always out to get me on something. She hates me. My schedule is 3-10 on tuesdays yet she always schedules me to 11 and then when I tell her she gets mad.. It’s in the books I work to 10..
    She will schedule me to 11 just to make me frustrated cause she knows I have a hard time saying something. One time a co worker went to the office to ask if she could leave at 10 and the supervisor said “sure but don’t tell mike you are leaving at 10” So I had to stay till 11 even know I’m scheduled to 10..
    Finally tonight, We are not supposed to be on our phones YET this supervisor is on her phone all night and NEVER says anything to her friends who are on their phones. She came into a room where I pulled my phone out, I checked the time, I was not actually on my phone. She said “put it in your pocket or I will walk you right out of here” I told her I was not on my phone and I wll put it away” I tried to explain to her but she walked away….10 minutes later I get called into the office where I see she is writing me up and starts telling me she should fire me ect ect. I got upset and told her this was wrong since she knows what i WAS DOING AND HER AND HER FRIENDS ARE ON THEIR PHONES ALL NIGHT! SHE WAS EVEN TAKING PICTURES ON HER PHONE A HR BEFORE THIS INCIDENT HAPPENED!!!!
    I have panic disorder and PTSD, I’m not good with confrontation so she was still saying she could have me fired and I simply said I can’t take this anymore and I need to get out.. I was going to go outside for air but when I turned around she said “if you walk out of this office you are fired” So I was already out so I went home.. I texted the other supervisor he even agreed it was B.S. I’m the best worker they have there, I go above and beyond and she wants to write me up and I’m pretty positive they were going to fire me over pulling out my phone. I was not in the hallway or anything like that (like other people do) I was alone in a room..So I just couldn’t take it anymore so I left….. I know it’s going to be hard to get unemployment but I’m going to fight for this. They have a “no hat” policy yet a supervisor wears a hate EVERY SINGLE DAY. I pull out my phone for no reason other than to check the time. She just does not like me and waned to fire me.. Plain and simple, she knew I would crack. She even told people she would get me “to crack” but the problem is those people won’t testify against her, they are not going to lose their jobs for me

  • gonecrazy

    I was fired from my job accused of stealing time. For 26 shifts when in fact the manager of that department was letting me and 2 other employees who no longer there, work for her on our days off and had us clocking in using a payroll log. Since theres no badge evidence of me being there they are denying my benefits. When we worked these hours some times myself and the other two ex employees would litterally sit for 12 hours and take people to the bathroom. What can i do to fight this in my appeal?

    • Spencer, Nat’l Employee Rep.

      Your manager probably took the “Shultz” approach from the old TV show “Hogan’s Heroes” —- “I know nothing” because if the manager admitted knowing or admitted to approval, he/she would also be fired as well. I would suggest you and your other co-workers contact me and we can discuss further steps, ie., your unemployment claim.

  • JeromeB

    I was in school and working on campus but had to leave my job at the end of the semester due to a professional sports opportunity in another country. Would I be able to get benefits?

  • Sarah Rogoish

    hi! my husband was fired 2 weeks ago. He was a restaurant manager. He was called into the office by the GM and he said that they had an “informant” that said that back in December (3 months ago) he comped a meal and she was afraid he took the cash for that meal and kept it. So they printed out a comped meal from December and said that was it. Well, he comped meals 4-5 times a shift. Just because someone said he MAY have stole (which he didn’t) he was fired because they couldn’t trust him. He has filed for unemployment and the first week he claimed it said he wasn’t paid “due to separation issue” and when he just filed for the second week it says it’s pending. We are broke and lots of bills are coming. He’s looking for work and i’m trying to get more hours at my part time job but that unemployment would really really help. Can they fight this or wouldn’t they need proof of something?

    • Spencer, Nat’l Employee Rep

      Proof can come in various forms…direct evidence, indirect evidence and hearsay. Based on what you’re describing, the employer intends to submit hearsay evidence and evidence which you don’t know about yet until your husband’s hearing. Since unemployment benefite are very important to you at this time, I would suggest protecting your benefits and making sure your husband has representation at his upcoming unemployment hearing to discredit any evidence the employer presents. If you would like to discuss this further, feel free to contact me.

  • Tiff

    What if my employer is being bought out and my shift is no longer available with the new company?
    . It states in my divorce agreement my son goes to his dads on Monday’s through Wednesday due to Mom’s work schedule I have been working this 2 day block shift for the last 2 1/2 years. Will I qualify for unemployment.

    • Spencer, Nat’l Employee Rep.

      Probably not, because your dilemma can be resolved without quitting. Explain to your new employer the problem and see If the employer will accommodate you. If the employer is uncooperative, see if your ex husband can work out a different schedule to accommodate you. If neither is cooperative, have your divorce lawyer file a motion with the judge to modify the divorce agreement. Quitting is a last resort.

  • sandra

    I was fired from my job for job performance. I was in a senior supervisor position. In Nov., I was put on a 90 day improvement plan. We had meeting every 2 weeks and it was stated things were going well and they didn’t see any reason to continue the meetings. This was in Jan. On March 15i was called in the conference room and termed for job performance. No discussions before this. Am I elibpgible for unemployment

    • Spencer, Nat’l Employee Rep.

      Without more information, I don’t see why not. Job performance is not enough to deny you unemployment benefits, unless the employer can prove you did not apply yourself. If you apply for benefits and you’re denied, I’ll be happy to help you.


    Sorry for the delay. I had some personal problems. I will definitely fax the letter next week. Thank you.

  • Sandra T.

    Just an update. I could write a huge post, but the short story is…I found out today that they won’t be taking me back at the job I lost, because my doctor’s note has restrictions. I called unemployment today too & it looks like I probably didn’t make enough to qualify for unemployment. At first he said I was 60 cents shy of qualifying (yeah, my luck just gets better & better), then he said he wasn’t really sure (??). But to receive UE I would have to be “able & willing” to work FULL TIME. I’m not able to work full time because I’m still injured & in physical therapy (a frozen shoulder from a fracture is hell!!). I’m also not able to work full time because I have kids at home during the day. I only wanted a couple of evenings a week part time. So, once again I’m screwed and won’t qualify for anything and nobody is going to hire me until I’m all healed…and who knows how long that might take. I feel like something is totally wrong with the system because I constantly fall through the cracks. There’s no help available for someone in my position. So I guess we continue to barely buy food &
    just fall farther down the hole. And yes, I am not in a good mood today 🙁

  • Just a Guest

    I left my previous job of 5 years for a new job that I started in December.

    The manager lied to me about the company a few times- she said employees have been there on average 10 years (lie. They’re mostly new). She said they offered vision, dental and 401K but no medical. (lie- it’s Aflac. No insurance benefits and no retirement).

    However, I am the biller (this is healthcare) and SHE (not the providers) told me I have to write off copays, deductibles, coinsurance, etc. I told her it’s illegal and against OIG and Anti-Stark laws (considered to be enticing patients) and most definitely against Medicare rules.

    She told me they don’t bill the patients for these visits and I am to write them off. I am not comfortable with it. AT ALL.

    It keeps me up at night and I don’t want to do it.

    If I quit, is this good cause? State is Arizona

  • linda

    i gave 2 weeks notice to my job because i found a new full time job. they hired me knowing i had no experience and after 1 day they let me go. can i collect unemployment?

  • deena

    I just have a question…I filed unemployment in pa and when I got my determination they denied me for benefits due to misconduct…I was out a bunch of days for snow and ice..the hills i have to drive are very steep. When my boss fired me she stated she was sorry and to go file for unemployment. I noticed on my determination that they have the reason for my claim was incorrect. They put on there that I was fired due to missing days for doctors notes I specifically told the rep I wasn’t sure if they were holding that time against me or not but that the main reason was the last incident was for weather…I filed an appeal because they put the wrong reason on my claim….and then at bottom of determination they typed that I said I lost my job due to doc notes?…all I can say to the judge for my appeal is that they need to listen to the recorded convo…has anyone else experienced this ??

    • Spencer, Nat’l Employee Rep

      Get representation!!! If you would like me to assist you, I can be reached toll free (866) 805-9492.

  • Kimbrerly

    Hello- My husband and me worked for an Ohio based cleaning company 40+ hours a week for the past 5 years. On 2/3/15 the stepson of the owner asked me to meet him at 1 portion of the property (which accounted for 4 hrs per nite) and said he was going to be cleaning that property himself and we were to concentrate on the other property as the contract was coming due for renewal. This reduced our hours down to 5 hrs avg per nite, leading us to believe that it was temporary reduction in hours. However; our company rec’d a termination letter in Jan 2015 that the contract would be cancelled on 2/27/15 (which was not told to us until 2/22/15 via phone call from the owner).
    We were told that if the contract was lost there would be nothing available to us to restore our full time hours. We filed unemployment on 2/27/15 the last day of the contract and the day we handed over property keys and security badges.
    We have not heard a word up until today saying that they were shocked we did not show up to clean a small facility on 3/2/15,that take 30 min. I did send an email on sunday 3/1/15 reminding them who had the facility keys in their possession. I know they recvd my email based on their reply today. Now they claim they have work for us and want us to call the office rather than them put any employment in written format.
    I have heard a glimpse of the offer which is for me to work 2.5 hrs per night driving 60 miles round trip per night (1hr travel each way) and for my husband to work 3 days a week for a total of 24 hours per week in a closer facility where an onsite elderly caretaker does not care much for him because he has a beard and would give him constant grief regarding cutting off his manicured facial hair when he was there in the past..
    Should I respond to them via email or just wait for them to put forward their response or offer to State of Ohio Unemployment? I don’t want them to try and state that we abandoned

    • Spencer, Nat’l Employee Rep

      You can’t control what your former employer will say or do. That’s life. However, since your employer reduced your hours from full time to part-time hours, you are justified in separating from employment. However, be certain that your employment application states you were accepting full time hours. If so, then the employer has substantially changed the terms of your employment. If your employer is now making you an offer to work, there’s nothing wrong with telling him that you are not interested in part-time employment because logistically, it is not financially feasible. I would sit on my hands.

  • Andrew Jurman

    Hello. I live in Rochester, NY. For the past three years, I worked for a local optics company. I worked long, hard hours, and exceeded everyone’s expectations as I have done with every job I’ve ever held. For the last two years there, I was subjected to a continual onslaught of verbal harassment from their group leader. I addressed the situation to upper management including the president and CEO of the company, but nothing was done to rectify it.
    In October, 2014, I was verbally harassed in front of my co-workers for the last time, and walked out. I requested to be moved to another area of the company or work a different shift a week prior to this incident, but they insisted that I continue to work in the same hostile environment. My refusal to do so led to my termination from the company. They not only denied my payment for accrued vacation time, but my eligibility to collect unemployment benefits as well. I later found out that I was caught in a situation called “constructive discharge,”
    I took the employer to court, but the administrative law judge determined that I “voluntarily left my employ without good cause.” So it doesn’t look very hopeful that I’ll be able to collect unemployment.
    Apparently the bigger the [jerk] you are, the more you can get away with! It’s really a sad situation for me, and all of the other (former) employees this company did this to, of which there are many.

    • Spencer, Nat’l Employee Rep

      The Judge probably believed you didn’t do enough to preserve your job before leaving. Sounds like adult bullying. If you had only documented dates and times and what was said and who you complained to and their responses, you probably could have been successful with your claim. Here’s what I would have done. If the harassment was intolerable, I would have called 911. That’s right. I would have called the police. Having police officers come to your workplace and prepare a report would make your point. A police report would give your claim some teeth. I’m sure upon the officers arrival, you wouldn’t hear a peep out of anyone. The appeal to the next level is about providing the board with a legal argument. If you would like assistance, feel free to contact me.

      • Andrew Jurman

        Hello, and thank you for your response. I did not want to get the police involved, nor file harassment charges against this individual because had I done so, it surely would have led to my termination from this company. I was not looking to leave my job, but rather move within the company to get away from this hostile work environment.
        I’ve already addressed this situation, along with documentation to the NYS Attorney General’s office, for what it’s worth.

        • Spencer, Nat’l Employee Rep.

          But wasn’t that your outcome? —The loss of job your job. Next time, and I hope there isn’t, call the police.

          • Andrew Jurman

            If only I could have predicted the future. Then again, if I could have, I never would have taken this lousy job in the first place!
            Thank you for your advice.

  • Spencer, Nat’l Employee Rep

    Was their only evidence an alleged video that was never shown to you? Did the employer file a police report, were you charged with a crime? If so, is the charge pending? (I actually wrote a story about your situation in my book, “Beat the Boss – Win in the Workplace”. You can find it on Amazon or Barnes and Noble sites.) Typically, the employer doesn’t have an eyewitness and tries to coerce you into admitting guilt. If one is guilty, it usually works, but often times an employee is innocent but panics and signs a confession with the idea they will be able to continue working. If you are guilty, then don’t try and take advantage of the system, but if you are innocent, contact me for help filing for your unemployment benefits..

  • Brandy

    I was terminated by my employer after 7 years of working for the company. I was called and told I had to be let go and not given a reason why. I assumed it was for being out that day due to my 2 children & myself for having the flu. Being in such shock that it was done over the phone I did not ask any questions and just simply said ok I understand. My employer was given notice that we had the flu the day before because I did not want to wait until last minute to call in sick. Would I qualify for unemployment benefits?

    • Spencer, Nat’l Employee Rep

      It seems odd that your employer would terminate you over this incident, although not unheard of. Did you have a history of absences? Were you warned about future absences? Does the employer have an attendance policy that uses a point system and you’ve reached the maximum number of points? I would need to know these answers before giving you mine.

  • Rose13

    I worked for a company for five weeks (Monday through Saturday, 50-70 hours a week without overtime pay as a “secretary” without managerial duties) before they fired me. I contracted an illness from one of the other employees who came in when they were sick. When I went to the doctor, he said I needed to be out for at least 2-3 days due to the level of contagion. I told my employer that, called in each day and provided a doctor’s note. When I finally returned to work, I was told that I looked sick, sounded horribly sick and that they needed me to go home and take care of myself to further get better and not get everyone else sick. The next day I received a phone call stating that I am being fired because I went home (even though they told me that I had to go home). The company does not have an HR department and does not have an HR manual with policies for sick time, etc. My question is: do I qualify for unemployment in NJ or can I reopen an existing unemployment claim?

    • Spencer, Nat’l Employee Rep

      The question is who gave you permission to go home? Was it a co-worker with no authority to do so or your supervisor? Often is the case, a co-worker tells another co-worker to do something for personal gain. In your case, maybe your other co-workers did not want to catch the virus. I’m curious who “they” is? Was it a group of employees who gave you permission to leave so they would not be infected? You know it only takes one person a supervisor with authority to send you home. Nevertheless, go file and if your employer contests your claim, contact me for help.

      • Rose13

        Thank you Spencer, for the reply. In response to your question. The owner and president of the company told me to go home and it was he again who called me the next day to fire me.

  • http://www.Credit.com/ Gerri Detweiler

    We are working on a more detailed reply to your question, but the short answer is he should definitely apply for unemployment now. (I tried to email you but it came back undeliverable.)

  • Spencer Cohn, Natl Employee Re

    you need to file a charge of discrimination with the eeoc..don’t wait!!!

  • http://www.Credit.com/ Gerri Detweiler

    Spencer Cohn, has a new book out on Amazon – Beat The Boss – that addresses that very question. I believe the fact that they terminated you may mean that you could be eligible. I’d suggest you file and see what happens.

    • Spencer, Nat’l Employee Rep

      Because you gave notice with a specific last date of employment, your situation will be treated as a quit, however, terminating you during your notice period means you would be entitled to unemployment benefits up to the date you chose to quit.

  • Sandra T.

    Three and a half weeks ago I fell while ice skating with my kids. I fractured my arm. I called my boss the very next day & told her the doctor said it would take at least 4-6 weeks to heal & then some PT. She said she’d take me off the schedule that week. Two days later my boss called & asked what the prognosis was (which was still the same: 4 – 6 wks + PT). She said the “best way to handle the situation” was to “terminate” me. She said to be sure to come back & apply when I was better because they hated to lose me. I had only had that job for about 6 weeks…averaging maybe 30 hours a week @ $8.00 an hour. Prior to this job I hadn’t been working (staying home with my kids). We really needed extra $ to pay bills, so that’s why I got a job…now I’m back to square one (actually worse, because now I’m broken & broke). I’m trying to find out if I would qualify for unemployment, Also, what if I do end up going back there…would filing affect them (I really don’t know how that works) & then they won’t want me back because I filed?? I think it’s pointless searching for a job right now while I’m in such pain & can’t use my arm, can barely even use my hand…isn’t it a requirement to be searching for a job? I’m in WI, if that helps. Thanks for any help or advice.

    • http://www.credit.com/ Credit.com Credit Experts

      Sandra —
      So sorry you were hurt. You can search on line for your state’s unemployment and should be able to find out what you need to qualify for benefits. In many cases, you can look at the requirements (they may require a certain amount of time on the job, for example) and find out if you would qualify without having to apply for them, particularly since you are worried about your former employer’s reaction.

      Good luck to you, and hope your arm heals quickly.

  • Spencer, Nat’l Emplyee Rep.

    I think I understand part of what you’re saying here, but it’s not enough to say, “I’m stressed”. You would need a doctor to diagnose you with your medical ailment, and then have the doctor advise you to separate from employment. Perhaps the employer would have said, “ok, let’s see how we can accommodate you” or offer you a leave of absence. Short of that, the state perceives your actions as not trying to preserve your job before quitting. Now, the part I can’t understand is, if I’m reading this correctly, is when you say the employer took your pay away and that you would get your rent. This sounds like perhaps the employer changed the terms of your employment. If you would like to discuss this further, feel free to contact me.

  • Spencer, Nat’l Employee Rep

    I think we can both agree that neither you or I are judge or jury. Your cousin (cuzzin) was accused of theft by the employer so I would guess your employer contested his claim when the employer saw your cousin was approved and since the employer’s tax rate would be affected by your cousin’s claim for benefits.

  • Jill Freehoff

    My daughter was let go from her job because there was a lack of work. She filed a claim and she was denied because she attended college full time. We filed an appeal and on 12-23-2014 she had her appeal with the appeal tribunal and it was reversed and they have to predetermined her case, well it has been one month and the case is still pending. Does anyone know how long they have to process this?

    • Spencer, Nat’l Employee Rep

      Unfortunately the state doesn’t work as fast as you or I. Be patient, I’m sure you will hear from the State shortly.

  • Spencer, Nat’l Employee Rep

    Generally, it is your responsibility to get to work. However, I’d like to know whether you called in to let your employer know you would be late that day. Was your employer aware of you ride situation? Was your employer informed about your transportation issues during a counseling session. If you would like to discuss further, you can call me direct toll free. Spencer My number is (866) 805-9492

  • Spencer, Nat’l Employee Rep

    I would need to know more about your situation. Were you terminated before you were incarcerated? Were you terminated because your were convicted? Were you terminated because you were charged with a crime? Why did you lose your job? You may contact me to discuss directly. Spencer My toll free number is (866) 805-9492

  • Sol Ortiz

    Good morning, I’m at a lost and need help. My boss is very abusive, he is always yelling at me at work in front of the patients and is constantly embarrassing me, and to top it off when I get paid and deposit my checks, they always end up bouncing. Leaving me with fees for his Faults. I need help because I really don’t want to keep working in a abusive environment.

    • Spencer, Nat’l Employee Rep

      Have you been reimbursed for checks that bounced by your employer? Have you complained to anyone about the abuse or the check bouncing? Are you all paid up for your work? Is your boss, the owner or is your boss a manager or supervisor? These are questions I would need to know before offering my opinion. You can always call me toll free to discuss further. Spencer (866) 805-9492

  • Spencer, nat’l Employee Rep

    No, I don’t work for a service. I am a National Employee Representative. I am a foremost expert in the area of unemployment law. For over 20 years I have represented employees at unemployment hearings across the country. I would prepare you as well as represent you at the hearing (in most states), cross examine the employer, and protect you from questions you don’t need to answer.

  • Spencer, Nat’l Employee Rep

    Should you be worried? Well, if I’m reading this correctly, you wrote, “my general manager stated that because they feel like they couldn’t trust me 100% they couldn’t employ me any longer.” That would be lead me to believe you are going to be fired or you’ve already been terminated. If someone tells you that they lost trust in you, that’s a pretty good indication that you are going to be fired, yesterday! Unless you have a handsome savings, yeah, I would be concerned. The fact that someone told you they didn’t have any proof, doesn’t mean they can’t find or fabricate something, especially for an upcoming unemployment hearing. Get representation and then you don’t have to worry, unless of course you have a handsome savings account.

  • Spencer, nat’l Employee Rep

    Having your salary decreased by 20% is significant. In some states one would only have to show a 5% decrease in salary to be justified in collecting unemployment benefits. Again, if you want help, feel free to call me. Spencer

  • onetim59

    My company went under a reconstructing of titles, positions, and pay.
    After 12.5 years of service to them, I was demoted. A month later I decided to give a 2 week notice, and after I did that I changed my mind. The company decided they did not want me and did not even let me finish out my 2 weeks notice. Am I entitled to unemployment?

    • Spencer, Nat’l Employee Rep

      I’m curious as to how quickly you changed your mind? Was it within minutes or days? Generally, once you convey to your employer that you quit and your employer accepts your resignation, you have resigned. If you retract your resignation within minutes, perhaps your employer won’t accept it, but you would have a strong argument at an unemployment hearing that your employer wasn’t being reasonable. The fact that your employer terminated you before your resignation period means that you would be entitled to unemployment up to the date of your resignation and then your separation would be considered a quit. One word on your demotion, did your demotion include a decrease in pay and if so by how much? If you would like to discuss further, you may contact me toll free Spencer, Nat’l Employee Rep (866) 805-9492

  • Spencer, Nat’l Employee Rep

    Get representation to protect your unemployment benefits. You can contact me toll free (866) 805-9492. Spencer

  • Spencer, Nat’l Emplyoee Rep

    I would like to see the letter that denied you your benefits. Can you fax it to me? My fax is (800) 399-9350. I will then review it and tell you what I can do for you. Spencer

  • Spencer, Nat’l Employee Rep

    Your benefits will be held back, but continue claiming. You will likely receive a letter of Overpayment, which means the state wants their money back and if you disagree that you received the money they specify, then you can file an appeal to the amount. In 99.9% of the cases, you received it. The case you need to defend is the Separation issue. If you successfully defend against this issue, the Overpayment issue goes away. GET REPRESENTATION to protect your benefits.

  • Spencer, Nat’l Employee Rep


  • Spencer, Nat’l Employee. Rep.

    It means sit tight and wait to hear from the state. The state doesn’t process claims as fast as one would like. If the state sends you a letter denying your claim, contact me and I will be happy to help.

  • Spencer, Nat’l Employee Rep.

    Although you may not be receiving your benefits during this period, you must continue claiming your benefits to get credit for them, if you’re not working. Once you have had your hearing and you’re successful, then you’ll get your checks in a lump sum. Since there’s likely a lot of money at stake, you should have representation at your hearing, either by me or someone else to insure you win. Contact me if you would like to discuss further.

  • Spencer, Nat’l Employee Rep

    They can try, but not necessarily succeed. As long as you call out for legitimate reasons, you should not have a problem. Keep in mind, employers are witnesses for the State when you file for unemployment benefits. The State decides whether you’re entitled to your benefits. If your employer contest your benefits when that day arrives, call me and I’ll protect you.

  • Spencer, Nat’l Employee Rep

    You’ll be wasting your time if you want to give another rendition of the facts to the next level of appeal because that time has come and gone. The next level of authority is looking for a legal argument not factual. The notion that your employer lied at your hearing is not unusual, in fact, it’s typical. However, what I would like to know is on what basis did the hearing officer find the employer more credible than yourself. If you want to pursue this the correct way, contact me to discuss further.

  • woody

    i was accused of threathing another employee i told that other employee to mind his business and he stormed out of the building to get me fired. have you ever heard of case like this before?

  • Nohemi

    I was denied because of I dint know my company hired an staffing company I was post to call 48 hours of lose my job
    can I apeal this decision ? I call staffing company and emal my resume after I find this out

    • Spencer, nat’l Employee Rep

      So you didn’t know or you didn’t read the fine print when you signed the paperwork? Employers are crafty. Every time an employee is successful with a claim for unemployment benefits, the employer’s unemployment tax rate goes up. As a result, employers subscribe to staffing companies. And what happens next is amazing. Without the employee truly knowing what’s going on, the employee signs a document which states that you agree to work for the staffing company. The staffing company leases you back to the client employer. Most employees across the country don’t realize this is going on, so you’re not alone. The fine print states that upon separation, you have 48 hours to contact the staffing company and inform them that you are no longer working for the client employer. Failure to do so can result in the denial of unemployment benefits. The idea is that the staffing company has a chance to find you other similar employment. I can probably help you, but I need to know some more facts. You are welcome to contact me and discuss this further. Toll free (866) 805-9492.

  • Karen

    I went out of work on STD 6/3/14 (fmla) due to a serious medical condition that was affecting me negatively and I couldnt perform my job safely. After the time period for fmla had expired I got a 1 month extension after which I was advised by my Drs that it would be advisable to be treated before I returned to work. I was sent a letter stating that my employment was ” ending ” as of 10/6/14. I was denied unemployment benefits because they said I voluntarily left employment (which I didnt and my HR person said he didnt tell them that). Then UI said I wasnt able to work so I was denied benefits ! Im unable to work at the job I was doing but I can certainly work ! I filed an appeal…what are the chances of being approved.. By the way, I applied and was denied LTD…this sounds illegal…just saying

    • Spencr, Nat’l Employee Rep

      First of all, let’s get something straight, there is no “my” when talking about HR. Human Resources is to protect the employer- not you. Just because HR tells you they didn’t tell the unemployment agency you voluntarily left, doesn’t mean it’s so. HR will tell you anything to get rid of your call. As Daffy Duck would say, “Sufferin’ Succotash..or how he really says it, “Thufferin Thuccotash” because he had a bit of a lisp! This is an exclamation of exasperation…stop messing around and Get representation!!! I would need to see some documentation from the state before placing odds on your chances. I don’t have a crystal ball, long nails, a long pointy cap or purple cape. I’m just saying.

  • OB Nun

    Hello, I was terminated without any type of notice, write ups or prior infractions.with the company. it was all due to lack of communication through the management staff. My wife had our son so of course I called out of work for. When I notified management that I was coming back I was told due to the no call no shows. So I spoke the store manager and he said no one had been reporting to him letting him know I’ve been calling and said he would look into it and would call me the next day, which he never did so I filed a claim with unemployment. About a week later without notice he calls and says they put me back in the system and is telling me the days he has me scheduled for but I would rather not return because they could have been more professional with the situation and from me not being in work has put me in a financial bind.

    • Spencer, Nat’l Employee Rep

      You were fired when your manager notified you that you were terminated for being a no call no show and you were taken out of the system. if you weren’t taken out of the system, then it was your responsibility to get an answer about your employment status immediately. That means not waiting for a telephone call, but being proactive and going to the place of employment to get answers. If you were taken out of the system then you would be entitled to unemployment benefits. However, if I’m reading this correctly, you’re mad because your employer caused you to be unemployed for about a week. It seems to me that you are now in the driver’s seat. Turn a negative into a positive. Taking the position that you’re mad because the employer was unprofessional and caused you financial hardship will not help you in the long run. Most employers, specifically managers, are unprofessional, so welcome to the working world. I would use this incident to your advantage. Before you return, if you want to return, go back on your terms. Have a conversation with the employer about being reimbursed for the week as a result of their mistake. If the employer rejects the request, try suggesting an increase in pay which over time, will make up for the week you lost and then some or negotiate an extra week of vacation, but be friendly and reasonable. If the employer is unreceptive and unreasonable, don’t show them you’re mad just continue collecting your UI benefits. If you take this route, you may get hit with failing to accept a reasonable job offer, but if that happens, call me.

  • http://www.credit.com/ Credit.com Credit Experts

    Stefanie —
    The only way to know for certain if you will qualify is to apply.

  • Spencer, Nat’l Employee Rep

    Well since the horse has left the barn, your only recourse is to file an appeal to the Board or Commission depending on where you are located. I can help you but I would need to see your decisions. Contact me to discuss further. As to your comment not being fair to you because they waited 5 months to have a hearing. What would be worse is if you were entitled to the money 5 months ago and the state withheld the money causing you to lose your house, car, etc. Now you are compelled to prevent the state from taking the money back.

  • Spencer, Nat’l Employee Rep

    Let me ask you a question, if you needed your appendix removed would you ask your doctor how to do it and buy gloves and a scalpel and do it yourself or have him do the procedure? These hearings are difficult to navigate for anybody. As you can see from your questions, there are extenuating circumstances that can not be answered in a simple response. It’s important that you get representation. I’d first like to know what State are you in? Contact me and I will be happy to help you. Spencer, Nat’l Employee Rep. (866) 805-9492

  • Spencer, Natl Employee Rep

    Well Tyler, that’s why you should seek representation, to be able to cross examine effectively.

  • spencer, Natl Emloyee Rep

    Please don’t take this the wrong way but seriously? I am an expert in unemployment claims,I’m not Kreskin, the guy who can see other’s thoughts. I don’t know what their evidence is until they present their case. I will tell you that its silly to speculate whether they will fire you. Do you feel guilty about something? If not, then don’t concern yourself. If they fire you, contact me and they will wish they took the loss and let it go. Spencer

  • Tyler Garry

    I was terminated from a debt settlement job on July 19th they reported that I had put three closed sales on my desk using another employees login and password supposedly that I had access too in order to receive that bonus that month I was let go 12 days before even receiving a bonus so I never actually got it either). I had never once been written up for anything misconduct or other. I was in the top five in the office all 9 months I was there and received a bonus every month accept the last. I have emails up until a week before I was let go commending me from the owner and my manager for always hitting goal and always being ahead of the curve. I went to my brother wedding which I got approved the day I was hired. Because my manager was upset I left for the vacation when I got back three days letter I was brought into the office and let go because he said that I had put three accounts on my desk with someone else log in and password. Now I did not do this and no one has anyone else’s password there is no need. There is no proof they are just assuming it was me and that it wasn’t a basic mistake on another managers username and password. It was not another employee it was another manager which no one would have his password and email. What I am trying to ask is will this effect me negatively collecting unemployment?? and will this end up getting me ineligible in Massachusetts??? any help would be greatly appreciated.

    • spencer, Nat’l Employee Rep.

      Here’s your problem…you seem to be saying, “no one has anyone else’s password” yet “‘supposedly’ you had access to”. Where do they get that idea? Why do they assume it was you versus any other employee? If no one has others’ passwords then why do they think you had the password and login? Yes, you will have trouble collecting benefits, no doubt. If you want to contact me for help or to discuss further, Spencer, (866) 805-9492.

  • Spencer, Nat’l Employee Rep.

    Unfortunately, leaving a job to follow your husband’s transfer will be considered a personal decision, disqualifying you from receiving benefits. However, if for instance, your husband transferred because of some health issue or family emergency, and you followed him under this scenario, there is a possibility that you’d be entitled to benefits. You may contact me to discuss further.

  • Spencer, Nat’l Employee Rep

    First of all, hang in there and do not quit. Stop and think, will you be better off at home as a single mom with 2 kids, a cool pack over your head and no pay check or strategizing a way to overcome the way you’re being treated. Your employer may seem to be acting unfair with you, and probably every worker in the country feels this same way about their boss, but not every worker has me to help them. First, you must be specific about how it’s not a “good company” or how “everyone” is being “nasty and rude”. Prepare a list, name the specific person causing problems for you, the date and describe in detail what that person did that was nasty and rude and more importantly how their actions prevented you from doing your job. And, keep in mind for example, “giving someone the evil eye” does not justify quitting. Also keep in mind that just because you feel anxiety doesn’t mean you have been medically diagnosed with a condition. After preparing the list, run it by me so we can analyze it, remove the petty stuff and then present it to HR for them to remedy. Depending on their actions, we can then proceed from there.

  • Spencer, Nat’l Employee Rep

    If you were fired from your job, then you are fired from your job. You’re done with them, move on to greener pastures. I don’t understand when you say you’re currently appealing with their HR department. HR is in existence to protect the employer. Please don’t give HR any information, for one, you don’t work for them anymore, right? Tell me, was that your job- to help the customer? How often have you done this before? Is it in writing that you are to always ask permission to change an address? Do you know any other employee who did this same thing and failed to ask permission? If you would like to discuss further, feel free to contact me for a free consultation.

  • Spencer, Nat’l Employee Rep

    Do you want to quit to go to school or do you want to quit because you don’t like your boss’ jokes? The question is if your boss stopped telling jokes, would you continue working there? If your boss stopped coming in intoxicated would you still work there? Or, do you just want to go back to school?
    I believe California does offer a program where you can go to school and collect unemployment benefits, but it has certain criteria and has to be approved. See Training Benefits where you can go to school full-time, without looking for work & get benefits. Here is a link to the info on it http://www.edd.ca.gov/pdf_pub_ctr/de8714… As far as your complaints at the workplace, don’t quit, hang in there, but file a Charge of Discrimination with the EEOC. If your boss is making sexual jokes, write them down with the dates they occurred, and list any witnesses. Journalize everything. Submit your “journal” to the EEOC for them to investigate. As far as the anti-depressant medication is concerned, if your boss is causing your anxiety and depression, I would suggest having your doctor prepare a statement advising you to separate from employment due to the toxic environment maybe then you’re justified in leaving your job due to medical reasons.

  • Spencer, Nat’l Employee Rep.

    Get representation!!! We can help. Call us for a free consultation. Spencer
    (866) 805 9492

  • Spencer, Nat’l Employee Rep

    Well. as a general rule, you should never rely on anyone, especially a co-worker for anything. It is your responsibility to find your way to work. The employer assumes that when you are hired that you will show up as scheduled. If your car fails to start in the morning, you should have contingency plans. However, if this co-worker happens to be your relative that you relied on, perhaps you would have justification to reasonably rely on this person. Anything short of a relative or a written contract between you and the co-worker will make it difficult to succeed in your claim. Having said that, I’d like to know what your attendance record was like prior to the day you failed to show. I’d like to know the company’s attendance policy. I’d like to know what your last warning stated. Surely, you didn’t get fired for missing one day of work. Were you on notice that if you failed to appear one more time that you would be terminated? If you would like to discuss further, feel free to contact me.

  • Spencer, Nat’l Employee Rep

    What’s confusing is that you say you “have not been able to work” and then you say you “could try to work from home”. As my gym teacher once told me, “you have to choose a side.” Either you can work or you can’t. I doubt working from home was a consideration by your employer when you were hired. Perhaps you can prove to your employer that you can be just as efficient from home than at work. But since the employer said, “NO”, I’m sure you tried to explain the advantages to both parties. It’s certainly the employer’s prerogative to have an employee at work. Perhaps you can propose to the employer that your working from home would only be temporary. In any event, if your doctors have not released you to work, it’s all futile. If you’re not able to work then you would not be eligible to collect unemployment benefits. Perhaps you should be applying for disability insurance.

  • Spencer, nat’l Employee Rep

    I wouldn’t gamble on winning your appeal without representation. It sounds like you’re a risk taker, but I am not. I would want to know the odds before placing my bets. I would like to see the employee handbook about not playing the machines. I would like to know who in the house saw you or is the employer’s evidence a video? And what time were you playing, was it during lunch or during your break? The idea that it took a month or so to fire you is really not relevant. The employer will say that it took as long as it did because they were investigating the matter. And, just because the employer didn’t give you this reason when you were fired, doesn’t mean you weren’t on notice that any future incident may cause disciplinary action up to and including separation. Roll the dice without representation or hedge your bets and call me.

  • Spencer, Nat’l Employee Rep

    I would get a confirmation in writing that you were in fact terminated. Perhaps the dispatcher or your manager is not authorized to terminate you, so to prevent any uncertainty contact Human Resources or the person who hired you and then you will know their intent. This will prevent the employer from saying at an unemployment hearing that you quit your job. If you need further assistance, feel free to contact me. Spencer (866) 805-9492

  • http://www.credit.com/ Credit.com Credit Experts

    Working mom —

    In general, unemployment benefits are for people who are willing and able to work. It does not sound like you are able. Have you talked to HR? There may be options you don’t know about, particularly if you have disability insurance.

  • spencer, Nat’l Employee Rep

    Is it “lawful” for an employer to threaten termination? An employer can say whatever they want as long as it doesn’t violate a federal, state right or local ordinance. Generally, if an employer threatens termination, the courts will find good cause to quit a job. However, this really depends on the circumstances under which it was said. Your explanation as to what actually occurred is not clear. If you would like to discuss this further, feel free to contact me toll free (866) 805-9492, Spencer.

  • Spencer, Nat’l Employee Rep

    Unfortunately, whether you’re working zero, or 2, or 4, or 6, and up to 32 hours ARE part-time hours. If you quit and because your hours were reduced from full time to part time hours, then quitting and collecting unemployment benefits would be a likely outcome. However, quitting a part-time job because your hours were reduced will be a tougher hill to climb. What may save you is if you had a contract “guaranteeing you no less than 4 hours a week”. Under that scenario, you probably would have good cause to quit and collect unemployment benefits.

  • tammie marshall

    Hi I was fired from my job 06/03/2014. I was scheduled to be at work Sat.5/31/2014 at 8 a.m. I had set my alarm clock on my cell phone the night before which was Fri. 5/30/2014 but forgot to change the day to sat. I over slept and when I woke up it was 8:42a.m. I immediately called my boss and explained to her what happened and told her that I could still make it to work. She told me no, just take the day off and I’ll make a decision on what I want to do when I get back in town. When I came back to work that Tuesday, which was Monday I had been taken off the schedule. Noone was there to tell me I had been terminated, they let me work 3 hrs and then my supervisor comes and tells me to go ahead and clock out and that my boss is gonna have me come back the next day at 1p.m. for a meeting with her and Bryan from HR. After the meeting she tells me she’s going to treat me being late as a no call no show. Unemployment denied my benefits, I did appeal the determination and I faxed in phone records to prove that I did call and a Coworker also wrote a statement verifying that I called as well. So now I am just waiting on my hearing date. Do you think I have a chance of winning my appeal?

  • Spencer, Nat’l Employee Rep

    So what I’m understanding is that you continue to receive the same salary, but your title has changed. And, your job responsibilities have been dwindling to nothing. Sounds like you have a cush job. Get out the sun tan lotion out, take it easy and keep your mouth shut. Who cares what they call you, as long as you’re getting the same paycheck. They want you to quit, but don’t, wait for them to fire you. Then call me.

  • http://www.credit.com/ Credit.com Credit Experts

    What was your question, exactly?

    • Cheryl

      The question is will I get my UI benefits.

  • New Jersey

    I was fired for misconduct. Two months ago I had a small relapse and was using on the job. I am on video. I was not fired but I was brought in the office on a daily basis and written up for EVERYTHING. My boss changed his demeanor towards me and started looking for reasons to get me out. The night in question I took some art supplies for my daughter’s art project and brought them back the next evening. All of this is on video tape. I was terminated and filed for unemployment. I am waiting for a phone interview on Thursday. Do I have a case if I am denied? I am also on video working hard for two years and it is clear that I am a great worker that was struggling after a recent shift change. I asked my boss for a few days off before the incident occurred and was denied. Do I have rights if I am struggling with a substance abuse problem?

    • Spencer, Nat’l Employee Rep

      A relapse is a relapse so your characterization that it was a “small” relapse doesn’t mean a whole lot. It’s like being a little bit pregnant. The fact that you are on video doesn’t mean much either. Viewing a video is subject to interpretation. What matters is what someone personally observed next to you. I don’t know what your company’s policy is toward substance abuse. I don’t know if they offer a program so you’re asking for me to speculate, which I do not do. I suggest that you file for unemployment and if your employer contests your claim, let me know.

      • anon

        Thanks you for your reply. I appreciate it. I will find out on Monday if I am denied. My company went with the art supplies and the claims examiner said he had other information that was useless to my case. They did lie about why they looked at the video tape and they did not tell the examiner that I brought the stuff back the next evening. If I am denied I will call you and explain my situation, as it is too long to type out. Thanks again!

  • Spencer, Nat’l Employee Rep

    Talking to a claims representative is a waste of time. You want to say as little as possible such as “I was fired, I didn’t do anything wrong”. They are pencil pushers. When you have your hearing, that’s the time to tell your story. This is why you or anyone should seek representation. Granted you know the facts, but how to prove the facts under the law is a different animal. I’m assuming you didn’t go to law school so don’t frustrate yourself trying to figure something out that you are not equipped to do. Get representation! If you would like to discuss further, I’d be more than happy to help.

  • Spencer, Nat’l Employee Rep

    You’re asking me to speculate on whether you can collect your benefits. That’s like asking me to predict what you’re going to eat for dinner tonight. The question is, when you filled out your application for employment did you check off that you were flexible with your hours? If so, the employer will use that paper as proof that you agreed to work different hours. On the other hand, I would like to know how long you were working the dayshift, whether it was temporary or permanent situation and what was the employer’s response when you complained. I will say that your statement “it is causing a serious strain on my relationship” doesn’t mean a whole lot to anyone. For instance, if my wife keeps bugging me about taking a vacation that we can’t afford, may cause strain in my relationship, but what’s the connection with my work? Tell me more about what’s going on.

  • Spencer, Nat’l Employee Rep

    Go and file for your benefits and if he contest your claim, contact me and I will be happy to represent you. However, it would be best not to be as specific as you are on your application as to why you are no longer employed. Just say something like, “I was fired because I was not feeling well.” It will serve you no purpose to sabotage yourself by saying more. At this point I would not recommend writing that he claimed your penis was small or that he “jumps on your case” or “I felt disrespected” because that sounds like you were unhappy and quit your job.

  • Cory MF Palasota

    I was terminated today 7-1-14 for attendance in Texas. I had a scheduled appointment I had to attend that I completely forgot about until the day of I called my supervisor and let him know before hand and he was understanding but the owner was not. I have always had a doctors note for missed days and was never late to work. I was never given any verbal warnings or written or signed anything. Also in addition to my claim there has been harassment since day one and after two years I couldn’t handle it anymore. My supervisor would cuss me for the smallest mistakes in front of employees and pedestrians on almost a daily basis call me degrading names and when he gets angry he would cuss, yell, throw things, and punch objects it got to a point to where I wanted to just leave I didn’t even look forward into going into work anymore I was over it but I stuck it out in hopes to get fired. Also I was shot by a sling shot upon early employment by my other supervisor on the job. and several employees saw this happen it left a bruise on my leg and I never said anything because I was scared in losing my job at the time I have already filed a claim online but didn’t put in as much detail when maybe I should have? Do you think I have a good case? What should I do?

    • spencer, Nat’l Employee Rep

      You begin by saying you were terminated but by the time you’re finished writing, it sounds like you were very unhappy at work and quit. First let me say, the less you write the better off you are. Stay with the termination idea, that puts the burden on the employer and remove any idea that you quit because you were unhappy as that places the burden on you that you had good cause to quit, which is much more difficult to prove. It sounds like you were terminated for missing a scheduled appointment that you had to attend. Mistakes happen right? So why was the owner so upset? Was this appointment mandatory? When did you learn about the appointment? Has anyone else ever missed appointments before? If you’re denied benefits or when your claim is contested, I can assist you. Spencer

  • dan

    We live in Massachusetts and we had to move into a shelter as we lost our housing we were placed an hour away from my wife’s job at stop and shop. She had worked there for over 2 years and was 3 weeks away from going out on paid maternity leave. She explained the situation to her front end manager and asked for a transfer which is allowed per policy. She was told no problem. She called the store numerous times and they moved managers to different stores. The new manager said oh another cashier said you quit so I terminated you in the system. So she called and finally got ahold of new store manager and he said sorry it was a mistake but there is nothing we can do the computer won’t let us change it! Spoke to union and because it was a few days past the 2 week mark nothing they could do either. She lost her maternity pay as well as her job. Should she be eligible? Her status is pending on application monetarily it yes eligible! But it says on hold waiting for employer!

    • Spencer, Nat’l Employee Rep

      When your job is on the line, you don’t call the store numerous times….you physically go there to see what’s going on, no matter how inconvenient. “Another cashier said you quit…” Where would the cashier get that idea? Why didn’t your wife contact Human Resources? You’ll have to wait and see what information comes out of the unemployment office. In the meantime, your wife should look into filing a charge of discrimination based on pregnancy discrimination with the Equal Employment Opportunities Commission. (EEOC).

  • Spencer, Nat’l Employee Rep

    Every case I take on is interesting, but this one is worth discussing.
    My client worked for Disney as a manager in one of the Park’s restaurants. Apparently, the Park has a beverage package. You pay one price for your beverage and you can get refills throughout the day for no additional charge. A patron at the Park approached my client and said she left her beverage cup in her room at the hotel and would have to go back to retrieve it. A walk to the main gate, a tram ride to the parking lot and then a drive to the hotel and back, would have put quite a dent in her family’s afternoon activities at the Park. Needless to say, it would have been a hassle. Instead, my client looked up her name in the computer register and saw that she had indeed purchased the beverage package, and gave her a replacement cup. Apparently this was witnessed by one of Disney’s undercover employees called “secret shoppers”, and was reported. My client was swiftly terminated for theft…NO questions asked…no explanation was allowed on record. My client told me he created “a Magic Moment” for the customer which Disney encouraged for Park patrons to enhance the patron’s overall experience. Unfortunately, this magic moment cost my client his job. Shame on Disney! This family oriented company pride themselves on superior customer service and an overall “enchanting park experience” .Mr. Disney would turn over in his grave if he knew this hard working employee was fired for merely exhibiting outstanding customer service and carrying out his company’s mission statement.

  • Spencer, Nat’l Employee Rep.

    Does having a “full time” client mean you were a full time employee? I don’t think so. Were you hired as a full time employee? Were you laid off as a full time employee? If you’re fired or (laid off) then you’re fired. It seems your mistake was to continue to contact the employer. Your statement, “I didn’t quit, was never sent a termination notice.” does not help your cause, so I would stop saying that. What you should be saying is, “My employer (name of supervisor) told me that there is no more work for me, forever.” Your employment status becomes gray because you are continuing to contact them to find out if there’s work for you and you suddenly become a per diem employee or part-time employee, but still an employee…and that’s why the employer is now claiming you quit. If you would like help with your appeal, feel free to contact me.

  • jessv

    Hi, i live in nj. Worked at my job for 10 years. My husband got relocated for his job so we moved more than 50 miles from my job. I continued to commute to work. I let my job know that i would stay for 3 more months but finacially i couldnt afford the gas and daycare expenses, but would do my best coming to work. And i did go to work everyday even tho it meant financial hardship at home. One of my bosses started making life at work harder for me with rude comments since she knew i was leaving. I spoke to the head of the practice and let him know my financial constraints and how i was being treated. He said its my fault i moved and am leaving. I kept working i needed my job. They hirred a new girl for me to traun as my replacement. She doesnt have a work visa and is working off the books. Within 1 week of her being there, that one boss of mine yelled at me in front of all my co workers for no reason. She called me stupid. I told her i fealt stressed. She told me that i have stressed her out and i just jave to deal withit. I cried i advised my manager what hsppened and she sent me home for theday. I felt pushed out the door for someone off the books an illegal working. I filed unemployment. And have an interview the 25th.

    • Spencer, Nat’l Employee Rep

      If you left your job to relocate with your husband is a personal decision and would likely deny you your benefits. However, since you continued to work there changes the game a little. No employee should have to tolerate a rude employer. The question becomes, how rude is he? Secondly, how do you know the new girl doesn’t have a work visa? If its just speculation, it won’t mean beans to Capt’n Jones Cat, but if true, let the Department of Labor know about it. I’m sure your employer would not hesitate to inform the Department of Labor if he knew you were working and collecting unemployment benefits.

  • gene

    I worked fof the city for 3 years on a grant,. I am now being written off the grant as a full timen employee with benefits. I am to be listed as a partime per diem worker with no benefits and no guarantee of work.
    Am I eligible for unemployment.

    • Spencer, Nat’l Employee rep

      Different states have different rules in this regard. Has your job description changed significantly? Has your rate of pay changed significantly? Certainly going from full time to per diem would demonstrate that one’s income would certainly change and one’s hours as well. So the question is, does the amount of money you will now earn as a per diem employee be equal to or more than your unemployment benefit. Each week will likely vary so if your income is less, unemployment should provide the difference. If the amount earned as a per diem employee in any week is more than the benefit, you will not be entitled to benefits. A hearing officer could find that being changed from full time to a per diem employee is good cause to quit, while another hearing officer may find otherwise. Regardless, it really comes down to the amount of money earned each week. Curious, why not work as a per diem employee, continue to receive income and use the free time to look for other employment?

  • Spencer, Nat’l Employee Rep

    Here’s what I read in your previous post, “I reduced my hours to only being able to work till 11a.m. or 12p.m.”…therefore you’re admitting that you reduced your hours, so I’m not sure why you’re changing your position…employees don’t realize that when they’re hired, the terms of employment are set, ie., hours, rate of pay, location, position, etc. When there is a change of circumstances like when an employee wants to go to school, it changes the terms of employment. Some states allow you to go to school and collect unemployment benefits, some states do not. If you would like assistance, specifically representation for an upcoming unemployment hearing, feel free to contact me. P.S. Your statement that “Employees have said they will testify on my behalf” is utter nonsense. What could they possibly say to help you? 1) their knowledge is based on what you tell them and 2) even if they had something of substance to offer, when it’s time to testify, since they still work there, they would probably call in sick rather risk losing their job testifying for a former employee.

  • TNTeagle28

    I’ve been working for Burger King on and off since I was 17 (31 now). I was working full time as an opener Mon-Fri 5a.m.-2p.m. I reduced my hours to only being able to work till 11a.m. or 12p.m. because I started training with a relative to start a career in medical billing. I was still making ends meet with those hours but then my employer took me off the opening shift and it reduced my hours. I filed for reemployment assistance benefits and got approved. My employer just got notified and is now fighting it claiming I cut my own hours cuz I’m working another job and getting paid under the table, which is a false accusation. He is now saying he will schedule me for hours later than I have informed him I am able to stay, and will write me up for not working the hours he schedules. What chance if any do I have to win this appeal coming on June 23rd?

    • Spencer, Nat’l Employee Rep.

      Without representation, very little chance. With representation your odds greatly increase. You did cut your hours didn’t you? You were hired full time? I will tell you that reducing your hours to part-time (0-32), the employer is free to give you only a few hours a week.

  • Spencer, Nat’l Employee Rep

    Stay put and sit on your hands. If you quit the hearing examiner will ask the employer if there was continuing work available for you…and the employer will answer “yes” and you would lose your hearing. Be patient, wait for the employer to make the next move.

  • needhelpinco

    I had a job for 8 years, I quit when I was offered a MUCH better paying position at another company. After a horrible 4 months, I was ‘let go’ because I ‘didn’t fit in’ with the rest of them. Colorado is an employee at will state so I know that I can be let go for any reason. They said that they would not fight the unemployment claim. My problem is….. unemployment is not taking my 8 years of steady work into consideration and only awarded me one (yes, 1) payment and now they are saying that my benefits are ‘exhausted’. What can I do.

    • Spencer, Nat’l Employee Rep

      First, let me address your comment about Colorado being an “at will” state. Being an “at will” state doesn’t mean beans to Captain Jone’s cat with regards to unemployment benefits. Yes an employer can terminate an employee for whatever reason…unless it violates the employee’s federal, state protected rights, local ordinance or in violation of a contract. I don’t know your situation, but if your benefits are exhausted complain to your local congressman, Senator Boehner or contribute to the Democratic party.

  • Spencer, Nat’l Employee Rep

    Smoking can take away your life and apparently your job. File for unemployment benefits and if the employer contests your claim, call me. Spencer

  • Anna Mouse

    My last company had a series of layoffs and eventually they got to me. I must say I am somewhat surprised because I work very hard and “know where the bodies are buried.” My company paid me a fairly large sum of money for signing an agreement that I many not discuss “certain events” even at the request of a judge or officer of the court? I am to forward their question to the company’s legal department and they will answer. I am honestly shocked a company can do this.

    For the first time in my life I have signed up for unemployment benefits and my state is driving me nuts. The state requires that I attend regular “skills” sessions. These meetings take up half the day and cover very basic job search skills. I find them of little use and get frustrated that I could have used this time to search for a job.

    • Spencer, Nat’l Employee Rep

      I remember when this wasn’t a requirement, but now it is because the state wants to make sure one is serious about looking for work. There are worse things in life.

  • http://batman-news.com Mayra

    Hi I live in California and have been working for the same employer for over 7years. Last year in June my co workers and me decided to file a lawsuit because we never took breaks(we dont even have a break area) and hardly ever a lunch and we were being taxed for our mileage reimbursement. Well for the past 2 years our boss has been mistreating us by yelling and cussing at us and slamming the door. I’m actually afraid of my boss now. Just this last Friday my boss threw my paystub at me and it made me so upset and embarassed since he did it in front of my coworker , so as soon as i got home I emailed my boss. Work is already stressful enough and my boss doesnt make it any easier hes constantly yelling at us I dont know what to do and its not only me who feel this way my other workers feel the same way. Im planning to give my 2 week notice and stating there why Im quitting.What are the possibilities that I can collect unemployment?

    • Spencer, Nat’l Employee Rep

      Sounds like your employer wants you to quit and then he wins!!! Do you want that? Mistreating “us”, cussing “us”, yelling at “us” or mistreating, cussing and yelling at you? There’s a difference. Just because the employer slams the door or your believe that he threw a paystub at you does not mean your employer is abusing you or rises to the level that justifies quitting. I’m not saying that the employer isn’t behaving as you are describing. I’m saying that you have to think your next move through. Let’s say you file for benefits and your employer contests your claim. Your employer will be asked, “Did you throw a paystub at the claimant?” Ans. “No”. Did you yell at the claimant? Ans. “No, I was mad at everyone for chatting and not working.” Did you cuss at your employees? Ans. “No”. Even though these answers may be far from the truth, what proof do you have that he is lying? Do you think another co-worker who is going to bat for you?still working there, who likely won’t say anything out of fear of losing their job? So before you quit, perhaps contemplate whether you are better off without a job than receiving a steady paycheck. Is there someone above your boss to complain to before quitting? Based on the information you have offered, it sounds like you are unhappy at work, like most employees across the country. Show me that you were so scared of your boss that you called the police.

  • kim

    I was sexual harassed at my job and didn’t tell anyone that is what he told me he also told me I would never loose my job, well I was out with a doctors note I had the virus well when I came back to work I was told to train a person that would cover my shift when I am out for two weeks well when I was walking to the bulliten board my job was listed for takers I was so upset I was looking around for some one no one was around so I left I was under the assumption I was fired I felt betrayed and let down the next day the company wanted me to come to a meeting and discuss what had happened my gut feeling said notto cause I did not want to work there of being harassed every day I had enough but you want me to come back now that I thought was odd so I didn’t go back well I filed for unemployment and I didn’t mention the sexual harassment dure to fearing for my self I didn’t know what the income would be I thought they would just let me go where that was an issue it was the companys president so yes I am scared well they denied my claim and I asked for an appeal and I said the walking out part plus the sexual harassment and pain and suffering that I subdued working there and the reason I write this to you or someone to give me an answer will I be in trouble for holding back the sexual harassment information I am terrified

    • Spencer, Nat’l Employee Rep

      Contact the State Attorney’s office in your area and report the sexual harassment. If you need help with your appeal, let me know. Spencer

  • Spencer, Nat’l Employee rep.

    Quitting a job is always a little tricky. The State likes to see that you tried to preserve your job before quitting. Generally, if an employer is doing something illegal or you feel your life is in danger, you don’t have to stick around waiting for the shoe to drop. (See Tom Cruise in “The Firm”). Since this doesn’t sound like a life or death situation, why not report this over your supervisor’s head or go to Human Resources and lodge a formal complaint? What’s the worst that can happen, they fire you?

  • Spencer, Nat’l Employee Rep

    Was your job in Oklahoma or Georgia, or you must have had a heck of a long commute?!
    Apply for unemployment where your job was located. As far as your former supervisor is concerned, you would need documentation or keep a journal of each occurrence, (date, time and specifics), ie., “several times” “she belittled me” (how?) “chastised me” (how?). What employees did not complete tasks, and what was the task? Did you put your complaints in writing?
    Now, let me address where “it got to the point where when I heard her voice I became physically sick and had constant headaches.” Unless you have a doctor’s note saying that “her voice” makes you sick, and that medical professional advises you to quit, you should have invested in a good set of ear plugs. It reminds me of a former client of mine. She also would get physically sick and stressed out because her co-workers were feeding the fish in the office aquarium too much food, and she was constantly fretting the fish would explode.
    The State doesn’t care how you feel. They want to know that you tried to work to the best of your ability, or the employer was interfering with your work, and that you have documentation to support that claim.

  • Sporty0815

    I was fired due to having my computer at work and it was streaming, and the company i worked for was charged by our internet company. My then boss brought me in the office two months later and had written up what happened and had me sign it. She then gave me company policy paperwork. In which I had already worked for the company for over 2 years. I looked through it and signed it. She then stated she was terminating me for violating company policy.

    • Spencer, Nat’l Employee Rep

      Pretty bad. Doesn’t sound like you were warned before the incident. I have some further questions for you. Call me to discuss this further. (866) 805-9492 Spencer

  • Deana

    I am seriously considering quitting my job. I have been diagnosed with an illness, although it is not a physical illness, it still affects my work and makes it very difficult for me to do the particular job that I do. I have been out on disability for the last month and I just do not think I can go back due to my illness. If I quit would I be eligible for unemployment benefits. I have never applied for unemployment before and do not really know how it works. Any information would help thank you.

    • Spencer, Nat’l Employee Rep.

      Before you quit, I would suggest you get a note from your doctor advising you to quit your job. Next, I would see if your employer can offer you a leave of absence or accommodate you in another position. Unfortunately, the Unemployment Agency doesn’t care about how you feel. I can assure you, the person making the decision to award you benefits is not going to pull out the body lotion and offer you a massage. When you do file, and if you’re denied benefits, you may contact me for assistance with your claim.

    • vee

      I am wondering when your supervisor wont respond back to about not wanting to show up for work cuz of a way of being treated and she has no idea cuz she never responded , she is so busy, and I felt that I was being pushed out for personnel reasons. and she also plays favoritism .

  • sunshine

    I resigned from my job in north carolina and relocated to florida.i worked for a temp agency for about 6weeks.i had muscle strain from lifting a box at work and was replaced while I was out.could I qualify for unemployment?

    • Spencer, Nat’l Employee Rep.

      Unemployment benefits are not generally awarded when one resigns for personal reasons, ie., relocating. What one would want to know is the reason for the relocation., ie., to take care of a family member, (in some states financial hardship). I suspect when you apply for benefits, it will revert back to North Carolina because you don’t have enough credits in Florida. You need to work around 3-4 months for sufficient credits. As to working for the temp agency, the employer is free to replace you when you are absent, the question is when you were ready to return, did the employer refuse to offer you similar work? Lastly, to my knowledge, it doesn’t cost anything to file for benefits, so go ahead and file and see what happens. If your employer(s) contest your benefits, contact me.

  • Dani

    Hello, I was recently fired for violation of company policy. My employer fired me after almost 4 years of employment. They said that I falsified time clock info. Long story short, they said I punched a half hour lunch but have me on camera taking an hour. (The camera footage was never seen). I didnt deny the accusations rather I addmitted it. I told them that it was an honest mistake and it was not done intentionally. I was under alot of stress due to my position and a family member on their death bed. I was never given a verbal or written warning nor had I ever been written up or disciplined for anything in the whole time I was employed. I am in the state of Ohio. The unemployment office gave me my benefits initially, then my employer appealed it and they favored toward me a second time. Now the employer appealed again and there is a hearing scheduled for tomorrow. What are my chances of winning this time around since they have already ruled in my favor twice?? Is there any good points that I need to know about or any heads up that I should be given before proceeding with the hearing???

    • Spencer, Nat’l Employee Rep

      Well, I don’t like to speculate. By the time you read this, you’ll know the answer unless you received a continuance. Next time, don’t wait til the last minute to get answers that will at least take some of the drama out of it.

  • Terrell Kitchen

    Hi I was terminated from walmart for taking a longer break then what was allowed…. This rule isn’t really enforced until they are trying to terminate someone ….. When they asked me why did I take a longer break I simply stated that it was a honest mistake and I lost track of time our break is 15 minutes and it bad enough it takes three to five minutes to get to the break room due to the location of where I work so basically I only get 5 minutes cause I’m expected back by the end of the 15 minutes

    • Spencer, Nat’l Employee Rep.

      If Walmart challenges your claim for unemployment benefits, give me a call. In the meantime, make a list of employees who have taken breaks that have exceeded the time allotted with dates, while it is fresh on your mind.

  • http://www.credit.com/ Credit.com Credit Experts

    Congratulations on your new job.

  • Spencer, nt’l Employee Rep

    If everything you say is true, then go have a beer and relax. If your employer contests your claim, let me know.

  • Veritas

    After a challenging experience at my job for a municipal government, I filed a FMLA request, my doctor completed the form and confirmed I needed time off for medical attention due to job-related stress. The council president wants me to withdraw my FMLA request since he has to keep the job open for me after I return & cannot hire anyone into it. He said would write a letter outlining my separation agreement stating my position would be “eliminated” under a re-org, which he says will allow me to collect unemployment insurance. I told him I need assurances that my UI would not be contested and language needs to be in the letter to that effect. The draft letter only states they enclosed info on how to file UI claim and I know it doesn’t say “uncontested” or “agree” or even “encourage.” So, what would be the most effective language to put in the separation agreement to reflect that they recommend, support and agree to approving my UI claim?

    • Spencer, nat’l Employee Rep.

      This is a common mistake by claimants. The employer doesn’t control whether you receive your unemployment benefits, the State does! I would refuse to sign any separation agreement unless of course, you expect to not receive any unemployment benefits. The employer will say anything to make you feel assured, a little like the turtle and the scorpion scenario where the scorpion asks the turtle for a ride across the river and promises the turtle he won’t bite. You know about that one don’t you? Let the employer terminate you. If your doctor says that you should take time off, then take the time off. You’re not taking time off forever. Too bad if your employer is short staffed, that’s his problem, not yours.

  • Guest

    Company employees had received e-mails if any employees would like to raise their hands to leave the company. This happened the merger with another company. Dead line was given to raise the hand. I raised my hand and left the company. I collected the unemployment. I got the letter saying employer had said i was qualified to collect. Then I got another letter saying I was not (letters were from the state unemployment office). I was required to payback the money because
    Any guidance on I could do anything about this?

    • Spencer, Nat’l Employee Rep

      Appeal Appeal Appeal

  • Spencer, Natl Employee Rep

    I would return to work on the 1st and discuss with your boss at that time the number of hours you will be able to work. Perhaps things will change with you and/or your boss. Maybe you can arrange to work shortened hours for a few weeks and then gradually increase.

  • Spencer, Natal Employee Rep.

    How was it conveyed to you you were discharged due to lack of work? Verbally or in writing? Contact me to discuss further.

  • Spencer, Natl Employee Rep.

    What’s important to disclose is that you were the only other family member available to assist her.

  • Spencer, Nat’l Employee Rep.

    Ask your boss for an extra two weeks, which seems reasonable. If he denies that and you don’t come back to work on April 1, you should be able to show that he was being unreasonable.

  • Spencer, Nat’l Employee Rep.

    The best advice is to hire a someone with appellate knowledge to assist you in your appeal. Feel free to contact me to discuss further.

  • Jacki b

    Ive worked for an employer for 3 years.ive always went above my responsibilities to get to a supervisor. I confronted my boss that I would like to step down from my position and return as a regular front desk employee. He agreed collected my company phone,and lowered my pay. The next day he called,me into his office,and demanded I still handle almost all my responsibilities I thought I was just relieved from. I disagreed and he kept threatening to lower my pay even more. I agreed,that I would do additional work when asked,or needed just like,everyone,else but I shouldnt be held responsible for anything or the whole project he kept asking me the same questions over,and over and when I told him I felt harrassed,and I was uncomfortable he said I couldnt leave the room until he said he was done. He comes into everyones shifts trying to ask about me, even trying to pay them to collect info on me. He said he is going to personally target me and write me up for anything he could. I get anxiety and panic attacks when stressed and also am 6 months pregnant I feel I am being singled out and he is trying to force me to quit. He tells me over and over why are u here. Admit this job isnt right for you. But I wont because I neex to work but I cant take the harassment anymore. What can I do.

    • Spencer, Nat’l Employee Rep.

      Why not ask for a leave of absence or see if FMLA is available?

  • Dee

    I quit my job today reason is that my husband is my supervisor he treats me very bad ever since I started working there our relationship is pretty much [worthless]. this morning we were late he said I should quit can I still get unemployment

    • Spencer, Nat’l Employee Rep.

      Whether its your husband or supervisor who suggests that you should quit your job does not give you a pass to collect unemployment benefits. Tell your husband that he should quit.

  • Spencer, Nat’l Employee Rep

    First of all, it’s no one’s business where you are or what you’re doing. By informing the State where you’re at and what you’re doing may cause the state to wonder if you’re able to work and searching for work. You can certainly request a hearing via telephone. When you receive your notice of hearing, give me a call and we can discuss this further.

  • Spencer, Nat’l Employee Rep.

    Every case is different so relying on someone else’s good fortune doesn’t mean you will fair the same. Quitting a job and collecting unemployment benefits is not unusual. One needs to dot their i’s and cross their t’s before quitting. Like the employer who fires an employee, they prepare a history of events leading to the discharge. As an employee you will need to do the same as well as show that you tried to preserve your job before quitting. Still, that may not be enough to win benefits while quitting. Something has to have happened on the day you give notice or the day you leave. You may contact me to discuss this further.

  • Spencer, Nat’l Employee Rep.

    They can deny you for a number of reasons. Generally claimants are denied when the employer shows a trend of attendance issues.

    • Aaron Jefferson

      My employer doesnt have a attendance policy, nor does he have any documentation that this was a ongoing problem. Previous person i worked with at the same place won judgement againt the employer because he didnt receive a employee handbook or manual stating the rules

  • mm

    I have been a full time employee for almost two years doing
    Bookkeeping/Accounting for a company. They just recently sold their assets/merged with another company. They said that your position will now be Part time employee on as needed basis and also I will have to be a 1099 Independent Contractor to handle the Accounting for their personal books and two of their other small businesses only working minimal hours. As a full time employee, I was handling the Bookkeeping/Accounting for the company that merged as well as their personal books and two other of their small businesses. I’m not interested in starting my own business/becoming a self employed independent contractor and having to pay my own taxes. Can they force me to become an independent contractor? If they decide to let me go because I will not become an independent contractor,
    will I still be able to collect unemployment?

    • Spencer, Nat’l Employee Rep

      The employer has substantially changed the terms of your employment. If you continue to work there under this new arrangement, it will be harder to collect your unemployment benefits.

  • Spencer, Nat’l Employee Rep

    You should always have representation. North Carolina, requires that you have representation by an attorney in North Carolina….and good luck finding an attorney in NC who won’t charge you an arm and a leg. Using profanity is not good in the workplace or outside the workplace and will get you fired. But using profanity may not deny you receiving your unemployment benefits.

  • Evelyn

    I never have worked on a Plantation before. Where your boss treat u like u dont exist. Speak to u only when money is being mad, take all of your incentives away , no more treatin his employees to Thanksgiving dinner parties nor Christmas dinners like they use to. No pay increase after five years of workin for them. Dont thank you for making them richer. Never sayin great job when people say your are the best person that has ever did a good.job on satisfying the customers. I worked for ten years for a group of greedy money hungry bosses. N if u died they want close da business down no matter how long u work for them . Not for just two hours unless its their family members. N thats not da half. I just could take them makin things so inconvenient for me it caused me so much stress.

  • Evelyn

    I quit my job Dec.20, 2013 because of my boss leting his general managerrelocate me farther away from da new store I thought I was going to be working at. I was giving my unemployment benefits with good cause to quit. But my employer appealed it. N it got reversed. Nothing was changed on me telling da truth. But da two general managers flat out lied over da telephone hearing. Is it because I didnt have da same person who aproved it the first time? Not Im going to appeal it. What should I do? Please help me.

    • Spencer, nat’l Employee Rep

      Get representation now to review your problems at the workplace and why you separated from your job.

  • Spencer, Nat’l Employee Rep.

    As harsh as this may sound, but just because you have a hysterectomy doesn’t mean you have to quit your job. Did you ask for FMLA before quitting or another accommodation from your employer until you heal? I would need to know more about your situation before offering an answer.

  • layedoff

    I was fired for not buying something for my uniform after not being asked to buy it for 2 years can I still get unemployment

    • Spencer, Nat’l Employee Rep.

      What were you asked to buy? How often were you reminded to make the purchase? How expensive was the item? Did you receive a warning about making the purchase prior to be fired? Was the warning in writing or verbal? I would need to know the answer to these questions first before answering competently.

  • Spencer, Nat’l Employee Rep

    I’m sure your employer will come up with many reasons to deny you your benefits. If your claim is appealed, or you’re denied by the state, feel free to contact me for assistance.

  • Spencer, nat’l Employee Rep.

    Unfortunately, I’m not one to speculate. The first thing you should do is file for benefits. Let’s see if you’re immediately denied. If you are, contact someone to represent you for your hearing. I may be able to help you at such time.

  • Spencer, Nat’l Employee Rep

    I’m not sure I have enough information here to make a comment. You may contact me toll free (866) 805-9492

  • Spencer, Nat’l Employee Rep

    Inform the EEOC and then you can file another charge with the EEOC based on retaliation.

  • michelle

    If i was found not elegibal for unemployment. and have been looking for a job now for over 4 months, I have had many interviews but have still not been hired. i reopened my case and they sent me a debit card to activate. I this normal i have only a
    Disqualification Week on marvin???? have not received anything else

    • Spencer, Nat’l Employee Rep

      I’m not 100% sure what you are asking, but continue to claim your benefits. When you receive a Notice of Determination, contact me or someone to represent you.

  • Sonya

    I currently work from home with extensive in and out of state travel. My father has recently been diagnosed with a terminal illness and is getting progressively worse as the days go on. I feel that I should be close in case of emergency but my job doesn’t always allow me to be close to home or even in the same state. If I quit my job fir these reasons would I be able to collect unemployment? I am reside in pa and my company is based out of Florida.

    • http://www.credit.com/ Credit.com Credit Experts

      Sonya —

      We’re sorry your father is so ill.

      In general, unemployment is available to people who are willing and able to work but without jobs. In your case, you might look into the Family and Medical Leave Act. It allows for 12 weeks of job-protected, unpaid leave (per 12-month period) and may be used to care for a parent with a serious health condition.

    • Spencer, nat’l Employee Rep

      Is there anyone else that can help your father so you are not forced to quit your job? Have you asked for FMLA? Is your employer aware of your predicament? if so, have they offered you any solutions? Have these questions answered first before quitting. In Florida, generally one can quit their job to take care of a family member, other states vary.

  • Spencer, Nat’l Employee Rep

    contact information on http://www.beattheboss.tv

  • Spencer, Nat’l Employee Rep.

    Isn’t it sad that an honest mistake can get you fired? Be ready to defend your benefits. Gear up with representation. I can certainly help you. You may contact me toll free at (866) 805-9492.

  • London D.

    I’m planning on taking a leave of absence in the coming weeks due to highly stressful and overwhelming working conditions (I am a social worker). I told my HR rep that I did not have a return date, but I’m estimating about 4 weeks. My question is, if I do not return after the 4 weeks or even after the allowable 12 weeks, will I be eligible for unemployment if my health care provider confirms that my current job is detrimental to my mental health and I cannot perform the job adequately? I honestly do not wish to remain employed with this org (they are “restructuring” and making drastic changes that affect me in what I perceive to be negative ways), but I want to be protected if after my leave I don’t feel I’ll be able to handle my case/work load anymore.

    • Spencer, Nat’l employee Rep

      You need to have a specific date of return. Leaving a date of return vague opens one up for trouble. For instance, the employer will designate their own date of return. When you fail to return on their date, you give the employer reason to fire you. Set a date, and then you can ask for an extension. If your employer won’t allow it, it makes the employer look unreasonable.

  • Lori Costa

    Spencer; i just wanted to thank you for getting me my unemployment benefits.Without your help i dont think i would have been approved. You saved me from the continuing hardship of no income.Your briilant.

    • mik nevad

      Glad for you hope I will get feedback and can get benefits

  • Spencer, Nat’l Employee Rep.

    Unfortunately, if you file for him you will be committing fraud. If one is in jail, he is not able and available for work and can not claim his weeks. You should seek some other assistance.

  • spencer, Nat’l Employee Rep.

    The hearing officer usually tells you that a decision will be made in a about a week. But, just because your employer didn’t show up doesn’t mean it’s over. Perhaps your employer had an emergency causing him/her to miss the hearing or you quit your job and the hearing officer did not find good cause. In that case, you will get a new notice of hearing or an unfavorable decision. In the event you things don’t go your way, you should seek representation. In either case, we can certainly help you.

    • Robert Smith

      Well, I dont believe my employer was going to show up. When I recieved my letter for an appeal I contacted my employer and asked why I wasnt approved? My employer stated that they were not going to not approve me for benifits,and I should file for an appeal. I filed for an appeal. My employer also said when the call or mail them something about coming to the appeal hearing they were not going to show. I had my appeal yesterday, I feel like everything went well and I was upfront and honest with the hearing judge.

  • http://www.credit.com/ Credit.com Credit Experts

    You might inquire to see if there is a timeline for such decisions in Massachusetts — or a legal requirement that they be made in a certain amount of time. Unfortunately, though, we are not lawyers and cannot give you legal advice.

  • Spencer, Nat’l Employee Rep

    Sounds like a typical employer, he has more than one store location and crying the blues….give your employer a tissue. ….As far as references are concerned, assuming there is no contract or handbook that says your employer will only give out dates of employment, called a neutral reference clause…there are two legitimate ways to handle this, 1) inform your prospective employer the circumstances of your departure. The truth is always the best path and 2) hire a reference company to see what he is actually saying about you. If he lies, you may have recourse through the court system.

  • Spencer, Nat’l Employee rep.

    First, I would need to see your Notice of Hearing to see what the issues are. You may contact me via my website. http://www.beattheboss.tv I would be suspect of anyone who were to give you a price without seeing what they have to do.

  • Spencer, Nat’l Employee Rep

    The answer “No” is a complete sentence. Going on and on about over this, makes one wonder if you did in fact know something. I’m not sure why you are continuing to go on and on trying to figure something out. The question is did you know when your co-worker left. The answer is “No”. I would suggest that you find representation as soon as possible for your upcoming hearing. I certainly can help you if you contact me.

  • Spencer, Nat’l Employee Rep

    There are certainly free legal aid services available, that do represent people for free. But, you get what you pay for. You may have to show that you are indigent. I do charge for my services, but it is not unreasonable. I recognize that claimants are out of work and short on funds.

  • Spener, Nat’l Employee Rep.

    Based on what you’ve written, you are right, this does not sound like you should have been terminated. Of course, the employer can fire anyone for whatever reason they desire, as long it doesn’t violate a federal or state protected right, or you are under contract. But for unemployment purposes, you should be ready for anything the employer brings to the table. The person who should have been fired is the manager. The manager’s job is keep track of his/her employees. I would be interested in what proof they have that you were lying? Is there basis for firing you speculative or conjecture? Do you have a history of being untrustworthy? I would suggest contacting me or someone to represent you at your unemployment hearing so you are prepared for whatever they throw at you.

  • Spencer, Nat’l Emplyee Rep

    You won’t know until you file. Let the State tell you that you are not eligible. When you receive correspondence from the state, let me know, I’ll be able to help you.

  • Spencer, Nat’l Emplyee Rep.

    Will you be in better health if you quit? I would not quit. Hang in there. Perhaps find out what kind of time frame they have in mind and be diligent.

  • Chrysalis

    A year ago my position was HR Manager was restructured due to a company reorganization. The new position did not require my skills and education, and instead, required skills I did not have. I temporarily took another position with the company at half pay while I continued to search within and outside the company for a comparable HR position. When I was offered that position with another company, I accepted and voluntarily left the original company with proper 2 week written notice. After one month at the new company I was laid off, and subsequently applied for unemployment benefits. The original retailer appealed the benefits based on the fact that I voluntarily left. Spencer Cohn successfully and efficiently took on my case, and was able to reverse the hearing officer’s decision. My benefits were restored within 2 months of my contacting Mr. Cohn.

  • http://www.credit.com/ Credit.com Credit Experts

    Julie —
    We’re sorry to hear about your health problems. It’s hard to understand the “health suffering due to no health coverage” part of your comment. But in general, unemployment benefits are for people who are willing and able to work but are without jobs. We are not lawyers, however, and cannot give you legal advice.

  • Spencer, Nat’l Employee Rep.

    Generally, it’s on the employee to get to work. Obviously, circumstances have changed after the recent diagnosis of your son. Just because HR has responded, don’t assume his situation has been ignored, Before your husband decides not to accept the next shift, have him call me. (866) 805-9492

  • Spencer, Nat’l Employee Rep.

    All Notices of Hearings explain your rights prior to the hearing, as well as representation rights. You could have said to the hearing examiner, “Hey, I was expecting some kind of representation, can I continue the hearing.” Or, when the hearing examiner asked you, which they all do, “Are you ready to proceed with the hearing?” You could have answered “No.” Now, I know that during these uncomfortable settings, words are missed, but you are not alone. What you should do is have an unemployment expert review your latest decision and then decide whether you have a sufficient basis to file an appeal to the board. You may contact me to discuss, (866) 805-9492.

  • http://www.credit.com/ Credit.com Credit Experts

    Julie —

    It sounds as if your family is under enormous stress. Is a big part of the problem that you have only one car?

    The Family Medical Leave Act might allow your son’s father to take time away from work, but the leave would likely be unpaid. You might consider touching base with others (or groups) whose families have faced similar challenges — or perhaps churches or charities that might be able to help you with transportation.

    We are not lawyers and cannot give legal advice. But if you believe that your rights are being denied, you may want to consult a lawyer.

  • Spencer, Nat’l Employee Rep.

    File in the other state. If your former employer contests your claim call me. Spencer (866) 805-9492

  • spencer, Nat’l Employee Rep

    Absolutely not. Contact me if you would like further assistance with your situation. Spencer (866) 805-9492

  • Spencer, Nat’l Employee rep.

    If you have a lawyer, you should be asking your lawyer your best course of conduct. Sounds like you needed to put your problems in writing to protect your actions.

  • Spencer, Nat’l Employee Rep

    Employer’s policies are in place to protect the employer, not the employee. Seems a little odd that you were terminated without notice, but having said that, the employer can do whatever they want as long as the termination doesn’t violate your federal or state protected rights.

  • Spencer, Nat’l Employee Rep.

    call me to discuss. Spencer (866) 805-9492

  • Spencer, Nat’l Employee Rep.

    When you applied for your benefits, you should have received a manual or been directed to read the rules on the internet. In order to collect benefits, you must continue to notify unemployment when you are working or not working.

  • broke and worried

    i have been with a company 8 years and have had neck surgery and i have severe nerve damage in my shoulder and arm..my job is very physical and i have missed alot of work..recently i missed 3 days and went over my alloted time to miss..i was told by my supervisor on the phone he had put the paperwork in for my termination..i called the hr office 3 weeks later to see what was going on and was told it could be several weeks..i was told by hr to resign because i couldnt handle the 50 lb weight requirement in my department and she would not contest unemployment..i was denied !! what do i do now ?

    • http://www.credit.com/ Credit.com Credit Experts

      Dear Broke and Worried,

      We are sorry to hear you are in such a tough situation.

      Did the HR department put its instructions to resign in writing? You might want to get in touch with a labor lawyer. Some offer free initial consultations.

      Good luck to you.

  • ashley

    Hi I live in va I wanted to know my chances of getting unemployment if I put in my 2 weeks for medical reason I have diabtes and hyperthyroidism I was just discharge from the hospital about a week ago and again 2 months ago also my blood sugar is not under control I have bruises ans sores on thE bottom of my feet probably from being on my feet for hours also I take my meds at different times all the time because my work schedule can say I close one night and then have to open the next day

    • http://www.credit.com/ Credit.com Credit Experts

      We cannot give you legal advice. Unemployment is handled by state. In general, unemployment is for people who are willing and able to work but do not have jobs.

  • http://www.credit.com/ Credit.com Credit Experts

    We are not lawyers, and we can’t give legal advice — and it sounds as if you need some. Unemployment is handled at a state level; you will want to find someone with expertise in your state’s labor laws. Good luck to you.

  • Joan

    Exact thing happened to me in nj and I was not denied UE

  • sherry

    I was fired for not putting everything that I have on my record down. I did tell them about my record not everything in my whole life but about the last ten years.I worked for 3 months then they fired me because of the background check. They said I falsified my application but I didn’t it ask have you ever been convicted of a crime not list everything you have done your whole life. I have a appeal hearing Tuesday I am praying it will go through. Do I even have a Chance

    • http://www.credit.com/ Credit.com Credit Experts

      Unfortunately, that is more a legal question, and we can’t give legal advice. The best idea would be to contact a lawyer.

    • Spencer, Nat’l Emplyee Rep.

      If you have been convicted of a crime and you failed to list it, then you were hired without full disclosure to your employer. On the other hand, if you failed to list a conviction and have been working there for say seven years and then suddenly they are firing you for learning about it, you’d have a better chance of receiving your unemployment benefits.

  • Spencer, National Employee Rep

    Yes, so go to a hearing with representation. Spencer

  • Spencer, National Employee Rep

    How can anyone answer that question, without more facts? If you have an unemployment hearing and you have representation, your odds are very good. Spencer

  • Sloan

    I got my letter back saying I was eligible and told me when to file which I did but I never received my benefits so I called and they told me my old employer still has to do his part as far as paperwork. Now my question is what if he never does it and just tosses the paperwork??

    • Spencer, National Employee Rep

      It depends, remember the State awards benefits, not the employer. If you receive a Notice of Hearing, call me toll free (866) 805-9492 Spencer

  • Dixie

    I was recently Administratively Separated from state of Texas due to failure of obtaining a license as a contract specialist. I’ve been employed with the state for 28 years and 4 months and was eligible to retire in January 2015. I applied for unemployment benefits and was disqualified because I was fired by my employer. Please help, I’ve been looking for a job.

  • john

    Me and my kitchen manager got into an argument via text message over my time card and he told the owner and she called and fired me can i srill get unemployment he was off work that day amd so was i can i still b denied?

    • Spencer Cohn

      After you file for your benefits you will know if your claim is contested. If so, contact me. Spencer

  • Vanessa

    I was recently fired due to the fact that one of my supervisor logged into a celebrities medical records. It was done on her computer and another employee was there while this happened. I knew about it bc we say right next to each other. I was fired after a week with no explanation. They could not figure out who did it even though it was her computer. I applied for UI and was denied due to not following company policy. I have no evidence bc no one from my former job is allowed to talk to me due to the fact that my boss told them too. I want to appeal but have no idea how or even if its possible for me to win.

    • Spencer Cohn, National Emplye

      Contact me and I’ll take on your former employer. Just bring the popcorn.

  • ellenjane

    I was told in June that my project position was being eliminated as of July 1st. I was then offered a lower-level position within the department that paid about 19% less. I informed them I would be leaving when my original position ended. I believe this makes me ineligible for unemployment benefits. Should I still file?

    • Spencer Cohn, National Empl

      Go ahead and file, but depending on where you are located, it may not be considered good cause to quit. A hearing officer may not consider a 19% reduction in salary to be good cause. Some states find good cause with only a 5% reduction in earnings. Also, the position you are relegated to is also important to consider, the hours, etc.

  • Benanddiana Schuster

    Hi, on July 12 2012 My boss and I had a tense argument , starting over my son called me , we are not allowed to use our cell phones, it was about 10 minutes after clocking in telling me he was going to a friends house, My boss immediately asked .. rudely .. why he didnt call my cell phone , I replied ” we can’t use our cell phone ” then she told me that he would need to talk to me before I clocked in , this is my problem , another employee, ( 5 total ) has several phone calls a day from her husband and others) I asked her why it was ok that she receive these calls and I wasn’t , the call took less then 2 minutes !, she raised her voice telling me that I have twice as many calls then she does, which is false , and I told her so .

    this has been building for sometime now , I’ve had to endure cold shoulders , eye rolls, not to mention her and this other employee constantly talked about me behind my back , and has spread false statements about me and a shortness from her that others do not receive, because they are friends ,

    I’ve often been scolded for talking to long to customers , again, much shorter talks then the other one, and they always pertain to me , when questioned on this day I told her it wasn’t gossip which her and the other employee constantly does , it had to do with a fire that my stepson and customers son were in that 4th of July

    , There is several other matters that has happened there, I hated working there for these very things, I wasn’t treated fairly , and had been depressed for sometime before this altercation happened .

    so I lost my patience with the last episode and told her I was tired of her unjust treatment , and that she should hold everyone up to these rules not just me , we got in a shouting match and was told to leave, I asked her if she was sure, because I knew and was told that she never fires anyone, she yelled ” get out of my store ” so I grabbed my envelope that had tips and pay stubs in , and left .

    the next day she sent me a text message saying that since I didn’t come in and work my shift , she assumes I quit , I was shocked by this . and wanting to collect unemployment, I replied back , that I didnt quit I was fired , we picked up the argument on what happened and then got into deeper subjects , now she has left my check on the porch with ” quit ” written in the memo field ”

    What do i do ????

    • Spencer Cohn

      Call me toll free to discuss.
      National Employee Representative
      (866) 805-9492

  • Pingback: 10 States That Gouge the Unemployed (and the Existing Solution) ← WORLD NEWS()

  • Critter

    My wife was laid off Friday June 7th and received a phone call from her supervisor on the next monday asking her to return the following monday. She filed for unemployment on the friday she was laid off. They are not the easiest employers to be around, she does not want to go back there. they have paid her in cash in the past and the last check she received they paid a portion in cash for her vacation time. Does she have a right to quit and receive unemployment due to her employer paying her in cash and now has to work later in the day than what she originally worked?

    • Spencer Cohn, National Employe

      I think what you are asking is whether your wife can quit her job if her employer is not reporting her earnings. It’s a double edge sword when an employer pays your salary in cash. It generally means he is not reporting this amount to unemployment. It also probably means that your wife is not reporting the monies as income. Ultimately, it depends on what she has in her earnings history and whether her quitting was with good cause.

      • joannaluvsnonsense

        I quit after my boss acted in an unreasonable manner without stopping after countless attempts at my part to make things professional.

        He would have drinks during his shifts and then his behavior was extremely negative with screaming fits and him able to blow up at someone and threaten to fire people, but not actually do it constantly.

        Multiple staff will be witnesses to the behaviors, the things that he says and his over all abusive practices in general. He is all about demeaning, swearing, inappropriate joking and drinking.

        I had no other option but to leave.

        what are my options for unemployment? I know it’s hard to get if you quit.

        • spencer, Nat’l Employee Rep.

          Certainly, no one needs to work under those conditions. File for unemployment and if your claim is denied, contact us for help.

          • unchained92

            Who can I contact to talk about my case?

          • http://www.Credit.com/ Gerri Detweiler

            I am sure Spencer would be happy to talk with you. His website is BeatTheBoss.Tv

  • Kim

    I was fired because a patient said I was rude to her. I have Been with this company for 7 years. We see 100 plus patients a day and have some to start out hateful before you even speak to them. What is my chances of unemployment and should I get an attorney?

  • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

    Regardless of the reasons for leaving a job, there is always the possibility that your employer will contest your claim for unemployment benefits and you can be denied your benefits. Having said that, your reasons for leaving the job are compelling. What I would suggest is, like an employer who would document a problem employee with write-ups, it would be to your advantage to do the same with your employer. Document your complaints in writing and submit them to your manager’s supervisor, set up a meeting to discuss your concerns and then after notifying the employer of your concerns, see if the behavior continues. If it continues, then you are in a better position to make your claim for benefits if the employer chooses to contest your claim. Although there is case law that says you can leave your job if you observe unethical or criminal behavior, if possible, you always want to attempt to preserve your job before quitting. If you would like to discuss further, feel free to contact me.

    • Zoey

      I was recently let go from my job due to the company was going in a different direction and I was told I wasn’t a good fit. I accidentally put discharged on my initial unemployment claim instead of laid off. What do I need to do to get this resolved? If I ask to change it from discharged to laid off while it delay my benefits further?

      • Spencer, Nat’l Employee Rep

        Do you expect to be a good fit in the future? You were discharged. Do nothing. If you need help with your upcoming appeal hearing, contact me.

    • Susan

      My job knows that I suffer from ptsd and they put me on the worst job in the plant. I went to two supervisors , HR , and one of the plant mangers. Then my mom passes and made things worse for me cause they still want put me back on my job. I weave for a medical supply company but they don’t car e about our medical conditions. Since my mom died now i have the responibilty of my grand ma plus my son who has a non cureable lung disease possible lung transplant. I need to leave my job to help myself my grandma and son . Can I still get unempolyment?

      • Jeanine Skowronski

        Hi, Susan,

        There is a chance your employer could contest your claim if you resign from a position. You may want to consult an employment attorney about your best options or if there are other programs you can explore regarding taking care of sick family members.



  • Ashley

    I have not been terminated and I still have my job. I am currently looking for another job while still working. I am not sure how long I can take this job and need advice if I will qualify for unemployment if I quit. I feel my employer is not only unethical but also illegal in their practices. My performance is measured against some employees who are conducting illegal practices with elderly customers. I am constantly stressed to produce and sell sell sell. But unfortunately if I want to do it with integrity I don’t meet my goals. Couple of my regular customers, who were taken care of by another employee when I was off, ended up with products they did not want and did not apply for. I have heard from several customers about the same complaints but nothing has been done and the employee has never been addressed. When one of the customers threatened with legal actions, I spoke to the manager about the issue my manager said “don’t worry about it, she’s crazy”. My manager encouraged me and another employee to offer upgrades to customer’s cards. When the other employee quickly corrected him that we cannot say upgrades because these are new applications affecting people’s credit reports. Although he did not further encourage us he simply said nothing. Another issue is stolen overtime hours. This to my knowledge has happened to me on one occasion but it has happened to another employee on more than one occasion. Our time sheets have been altered to get rid of overtime. The stolen from me overtime doesn’t bother me as much as the unethical stuff that is going on the job. I feel that it is the company’s fault for putting such high demands for sales. I have attended to customers who have been victims of similar at other locations so it definitely isn’t only what I have experienced at my location. I would like to leave and concentrate on finding an ethical place of business where I can work. I’m scared I will be denied unemployment benefits if I will leave. Can you please advise. I live in Illinois.

  • Thanks for valuable info

    I live in Pa

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      Just file….when you receive your Notice of Determination contact me and we can discuss your next move. Spencer

  • Thanks for valuable info

    I was terminated for breaking a rule i was unaware of. The procedure i followed was the same as always. Had a change of supervisor (temporary) for that day and was fired for job abandonment. Worked 6am to 2:30 pm told temp supervision i was going to leave he said ok asked another worker if he wanted to leave instead cause if he did I’d stay.left then got call from friend that said “they want to fire you for job abandonment.Shocked came back in ten minutes. Lead supervisor said fired b/c didn’t go thru proper communication.I am there 1 1/2 years and was promoted after 10 months. This company has large majority of minorities and immigrants. Lead supervisor is hispanic and I was the only white person in this area???Reason? i think he was looking for a reason his friends brother just got hired a few day b/f and was working in the same area.I was never written up/warned or told wrong procedure plant manager said I should have known after 1 1/2 years there and gave decision over to the guy who fired me. Do you think I can collect.

  • Michelle

    I was just fired by a large retail company that I had been with for over 21 years. They have the system of three write ups and if a fourth is done, that equals termination. I had 3 already due to a health problem and a workmans comp surgery. I had used up my 12 weeks of FMLA so every time I had to miss was counted against me even with my workmans comp surgeons work excuse. I then did a stupid thing of horseplaying while on the job and it caused me to be injured. Horseplay occurs a lot even by management. After it was reviewed I was told they were instructed to do the next level of write up and since I had no more then it meant termination. I have been denied UI for the reason of horseplay, although I was not directly terminated from the horseplay, I was terminated due to not having anymore write ups available.. Do I have any chance at an appeal since the other write ups were from sickness/workmans comp injury (that was in no way caused by me)? Thank you!!

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      What employees don’t realize is that what the employer considers “horseplay” and misconduct is not necessarily what the state defines as “misconduct”. Feel free to contact me to discuss further. Spencer

  • Nicole

    I am appealing my unemployment I got fired and the reason they are denying the unemployment is because they say I told them to fire me. I am a single mother there is absolutely no way that I would have told them that. They say I sent and email saying to fire me I had not been in my email for days and I know we had night employees that hacked supervisor emails. Do I have a chance to win this, how ?

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      Your chance of winning would vary greatly depending on whether you hire someone to represent you versus doing it alone and rolling the dice. If you would like my representation, feel free to contact me toll free 1(866) 805-9492 for a free consultation.

  • Ashley

    I was hired as a per diem employee 10 months ago and have been given 40hrs up until a few weeks ago when my supervisor told me due to her budget and how slow we have been she is reducing my hours to about 15 but can’t guarentee anything.I filed for unemployment since my hours were reduced so drastically. I just found out that my claim is going to be sent to an “adjuster” because the company “checked the box that says still employed/on call”. The unemployment office said it could take another 8 weeks to hear something and to move the process along faster I could contact HR and ask them to resubmit paperwork stating “hours reduced”. I contacted HR and they argued saying since I am a per diem they have the right to reduce my hours and will not change the information they sent to the unemployment office. Am I eligible to collect since my hrs were reduced regardless of my per diem status?
    Second question…One thing Im worried about is they had a full time 2nd shift position open for a while that I never applied for (for many reasons…shared car mostly and I live 45 mins from my job and I know I could not find a ride home at midnight). That position has now been filled and now most of the hrs they are offering me are not 1st shift which is what I had been working. I take all the hours I can but when they ask me to work til 7pm I have to tell them I can only be scheduled until 530pm because I have to work around my husbands work schedule especially now since he is the primary provider. Can being unable to work some of the hours they are offering disqualify me from collecting?
    Thank you in advance!

  • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

    Were you hired to work full time, part-time or something else? It sounds like they are materially changing the terms of hire and giving you an ultimatum, which is not a choice at all. Feel free to contact me to discuss further and how to proceed. Toll free 1-(866) 805-9492. Spencer

  • Gail Chagal

    I have worked at my company for 3 years on 2nd shift Monday-Thursday. Due to business needs they are expanding their 2nd shift hours to 7 days/week and are asking employees to work weekends. I cannot as I have a weekend job. They do not have more business but claim they need the 7 day workweek to reduce lead time on customer jobs as well as have machines available for maintenance. If I do not agree to work weekends and they terminate me, can I collect unemployment insurance. I work in WI. Thank you.

  • Christin

    I live in NJ, last December I went out on maternity leave and then additional bonding leave. My employer is a small business so none of the FML applys to to either of us. However, after telling him I was to continue bonding leave my job was no longer available. I sent him text msg and went into the office the day i was to return and he had no communication with me. I was awarded unemployment, which of course he appealed. I did the hearing and won.. Weeks later I got another appeal in the mail from him. stating corrections needed to be made from the hearing we had? I responded to this to the tribunal stating that his appeal was late by 2 days.. what are the chances of UE holding up to that policy for the employer? We both had ample amount of time to respond. This has been going on for over a year and I just need peace from this man. Any clairity would be appreaciated!

    • http://beattheboss.tv Spencer Cohn, National Employee Representative

      Keep this in mind, the employer in Florida is paying the unemployment taxes for your claim. In New Jersey, the employee and the employer contribute together. Unfortunately, I don’t speculate as to what the Commission will do. If the Commission does remand the case back for another hearing, contact me and I will be happy to help you.

  • Carmen

    Does the employer have to disclose witnesses before the appeal hearing? I was under the impression that he had to tell both the appeal hearing office as well as the claimant 24 hrs before the hearing.

    Also, will the hearing officer take the employers initial reason given (relating to job performance) into consideration at the hearing,even if the employer changes his reason? I was determined eligible after he gave his initial reason for termination, but since that didnt work, he is changing reasons (per evidence he has submitted since) saying it was because i was absent/ tardy. Will this matter?

    I sent a subpeona as well, but he did not send what i actually needed-basically just enough to say he had sent it, but nothing that actually helps. So I requested a continuance, but the deputy clerk says she will not ask the hearing officer if i can have the continuance, because the case has been continued too much, & that I will have to take it up with the hearing officer at the hearing. Do you think there is a chance the hearing officer will grant the continuance at the hearing? I really need the continuance b/c I have not submitted any evidence b/c I was waiting on the contents of my personnel file. Thank you for any advice, it is very much appreciated.

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      No, the employer does not have to disclose the names of witnesses before the appeal hearing. This is an administrative hearing so things are run a little differently. However, with proper representation, once the witnesses are announced at the hearing, one can effectively cross examine the first witness as to what the other witnesses know. If the other witnesses are providing similar testimony, the referee will likely dismiss them. In advance of a hearing, I always ask my client who was present during separation or who has information about your separation so I can anticipate who the employer will present and effectively cross examine them.

      Anything you or the employer submits to the agency is available for the referee to consider. If the employer initially submits a reason for separation and then amends it later, the reliability is certainly greater early on, but the employer can always add additional reasons saying there were contributing factors.

      Subpoenas are not enforceable in administrative hearings unless you take the subpoena outside of the administrative jurisdiction, but that is typically cost prohibitive and time consuming. Anything the employer possess is company property, including your personnel file. Generally, is is unavailable unless there is a pending lawsuit in court.

      • Gerri Detweiler

        Spencer – Thanks for all the help you are providing to our readers! It’s much appreciated.

  • michelle

    I just filed for partial unemployment today because my hours are part time. I was hired 11mo. ago as a full-time employee. I have only been given full time hours about 6 weeks total since I started!!I recently have been treated unfairly and disciplined for example, forgetting my hat 1day and got hours cut , when others repeatedly don’t wear there hat, constantly on there cell texting while at work, stand around and never get discipline, and I am constantly busy, never play with cell phone, and always hoping for appreciation for my hard work by my employer, the GM who I feel discriminating against me. I am a 43 yr old white female, and I am the minority at my job. I am the hardest worker and fulfill my scheduled days. several employees and my day shift manager has told me on many occasions that I work to hard. I have hoped that after many pleadings with my GM, and now with the DM, that I would get the hours I deserve!! So, im wondering if they can fire me for filing for partial unemployment when I have expressed many times my willing to work any hours and denied those hours I was hired in at?

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative


      You can always file for unemployment benefits whether you’re working or not. It’s up to the state to determine whether you are eligible and qualify for the benefits, not the employer. I always encourage employees to file while they are working 1) to see who their employer really is, ie., a lot of employees across the country work for leasing companies and don’t know it, until the day of their unemployment hearing 2) to see how much the employer is reporting to the state and 3) to see if the benefit is more than what they are earning each week. If you’re making less, the state may provide the difference.

      Based on what you’re describing, that you’re being treated unfairly at the workplace, you may try filing a charge with the Equal Employment Opportunity Commission. If you have any further questions, feel free to contact me toll free 1(866) 805-9492.

      • Chris

        Hi spencer, I am about to quit my job due to a harsh working environment, I got hit in the nose by another employee, bloodied it *could be broken* and I can only breath smoothly through one nostril, and on top of other things, I have a bad back as well, and its only gotten worse through working with this employer the past 2 years. I told the boss but it didnt really make a difference because when I work with that certain employee I am afraid hes going to smack me in the nose again. Any comments/opinions if I should be able to get UE? Thanks for your time.

  • Tommy Gibson

    I filed for unemployment back in July I was approved for unemployment I file weekly with no problems but thus week I filed but they said they couldn’t file my payment due to some fusion that would be mailed to me but I looked online and they have my address wrong what is going on

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      Make sure the agency has your correct address. The information that you provide to the agency is vital in collecting your benefits. Verify your address.

  • Pingback: 10 States that Gouge the Unemployed (and the Existing Solution) | ComparePlastic()

  • Pingback: The Unemployment Benefit Solution So Simple the Government's Already Doing It | Credit.com News + Advice()

  • Gregg

    Hello, I was recently fired from my job in california when accused of stealing. I never took anything and the evidence they have is an auction printout from my computer which I didnt print out and isnt an item they said they can prove came from within the building. They have no video evidence or anything…they fired me basically saying they cant prove it with items missing or video but just a lack of trust. I am worried about not getting Unemployment but they have no evidence of me taking anything. They dont even have a list of missing items!

    • Spencer, Nat’l Employee Rep.

      Based on the information you’ve provided, sounds like hearsay to me. I would focus on who else has access to you computer.

  • Sheila Reese

    I live in New Jersey and I filed for unemployment at the end of December after being unemployed for a week. I never received any confirmation. I’ve tried checking on the claim’s status and it says I never applied. I tried re-filing but now the website doesn’t work. I’ve tried phone calling numerous times, but the recording continues to say that they are exeriencing high call volumes due to the storm/hurricane and you should file online. I thought I was going to get hired for a job a few weeks agoe so I was just going to forget about it, but i’m still unemployed and I’ve lost all those weeks of payment.

  • Troy Theisen

    Hi Gerri,

    Great article! I was wrongfully terminated for an instance where a supervisor told me to do something, which I did, and then he denied ever telling me so to protect his own butt. Another supervisor backed him up. I appealed it through my company, and they still found in their favor. I had a few write-ups in the past for not checking patient’s I.D.s before administering therapy, and they added those onto why I was terminated, which hadn’t been mentioned in the first place. There was also a ton of speculation on their part, the details of which are extensive. I have filed for unemployment, but I have not been interviewed by the D.E.S. yet. Do I have a leg to stand on? BTW, I am taking my appeal to the next level, which is my supervisor’s supervisor’s supervisor’s supervisor. If the termination is upheld at that point, then I go before a board of my peers. I am hoping that I don’t have to keep going with this. I would just like to receive my benefits and, in the meantime, look for employment elsewhere. Any specifics you can apply to my current situation would be most helpful.

    Thank you and kind regards,


  • gary johnson

    same as before

  • gary johnson

    not sure what else to do

  • http://ccomwp.wpengine.com julio santiag

    I work as a bellman at a hotel,nightshift.I was fired for ( it sounds bad) covering a camera in a basement, in the day the hotel has a staff of over 25 people,at night its me and a desk clerk who is stuck behind the desk,leaving me a list every night of houseman.,garbage man,engineer. Ice man,exterminator,ect,etc,one evening my clothing got tainted bring down the garbage,so on my break I went to the basement found the break room locked,and began to undress to wash my foul clothing, seen the camera, and decide to cover it while I did my clothing.35 min,,I did not know that the safe was robbed up stairs and I found out after I was let go and feel that was the real reason,I have been waiting 3 months for my unemployment.

  • Natali Jaramillo

    I recently quit my retail women’s fragrance counter manager job, due to unprofessional and unethical work practice. Management was making it very difficult on me to run and be successful at my job. Due to the stress and the hostility of my work environment I had to quit, the human resource manager that should be impartial said to me, that it was not my job to be policing the merchandise. Gift with purchases were being abused for years before I took over the counter. Employee’s where not happy with the way I managed the counter, since they were not able to give or abused the gifts.
    I was abiding in the code of business conduct of the company’s policy, do the right thing and ethical thing always. Will I be denied for unemployment.

    • Gerri Detweiler

      Natali – I recommend you read the other article I wrote: Can You Collect Unemployment If You Quit Your Job?

    • jennifer sobolewski

      Did you end up getting approved? I am in a similar situation and I just had my appeal hearing.

    • Spencer Nat’l Employee Rep.

      Based on the information you’ve provided, you will likely be denied benefits. Why did you quit or give notice on THAT day? Typically, something triggers an employee after a build up of frustration. Usually, when employers terminate employees without a proper investigation or fail to apply lesser discipline first, they also lose. The first thing one should do is put your grievance down in writing and forward it to your supervisor. Keep a copy for yourself and specify a date when you would like to have the problem resolved, ie., ten days. Then, if the employer fails to act you will have given them an opportunity to cure the problem and the ball would be in their court to act. If the employer fails to respond, then depending how significant the problem is you’ve fulfilled your responsibilities and quitting may be justified.

  • Tara

    I was recently fired for not returning to work after maternity leave. I have emails showing that I would be willing to work part time or telecommute like I did before going on maternity leave – I also have emails showing that I asked on several occasions about a place for me to breastpump-they never got back to me. I was then denied unemployment but have filed an appeal and sent in my emails to the appeals commission for the hearing. Is there anything else I need to do and can I be denied unemployment again when the main issue is that my employer did not have a space for me to breastpump?

    • http://www.credit.com Gerri

      Tara – I’d suggest you reach out to Mr. Cohn for assistance.

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      As most claimants don’t realize, the Commission will not hold another hearing. The Commission will not substitute their factual findings for those of the referee and finally, the Commission will not entertain new evidence that could have been presented at the time of the hearing. It may not be too late to supplement your appeal with the proper argument, feel free to contact me for a free consultation to discuss further, call toll free 1-(866) 805-9492. Spencer

  • bessie wright

    I recently quit my job up in March of this year and was denied umemployment I was the hired back as a new hire for the same job now we will be layed off on dec 14th 2012 can i draw unemployment sorry for the misspelled words no glasses

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      If you quit and you were disqualified you’re not eligible until you’ve earned 17 times the weekly benefit amount. Go back and look at your Notice of Determination Wage and Transcript and see what your benefit amount is and multiply that amount by 17…..that’s the amount you will have to earn by the new employer to be able to collect.

  • Raven Wilkinson

    I was terminated for misconduct and denied unemployment. I have an appeal set up soon and if I was bullied and injured as well, which made it more difficult to perform,can this be brought up at the appeal??

    • Gerri Detweiler

      Raven – I’d suggest you check out Spencer Cohn’s website BeatTheBoss.Tv for help with your situation.

  • maria

    I was wondering so i put my 2 weeks due to i was getting to scared leaving and coming towork at 10:30 pm at night to the point i needed someone to walk me home and walking at night by your self isnt safe i had to have someone to walk me take me to work on the bus and plus cut my hour at my point veiw everyone had good hours beside two of my coworkeR i work in the retail clothes store about year and five months and i also had really back problem to the i need to sit for a little bit so after i give my two week notice the next day i was rush to the hospital and had to sugary on my tail bone and i also have a son to think about to about my safe would i be able to apply for unemploment

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      If you’re able and available to work, then you should apply for unemployment benefits. if you are unable to work, then you should apply for disability benefits. Spencer

  • Jennifer

    If you lost your first appeal , and you were fired for being late to often and you know for a fact that there are employees that have far more tardies then you had and are still employed , can you use that against the employer for not applying the company policy fairly with all employees In the second level appeal ? I did not mention this at the first appeal because I didn’t want to seem like a tattle tale . Also during the first appeal my employer submitted time sheets that had been altered to set the stage that i had 7 tardies in 2 months , company policy is no more then 6 tardies in 3 months , but I know they doctored up these time sheets to set the stage . How do you over come these issues ?

    • http://www.beattheboss.tv Spencer Cohn, National Employee Represetnative

      Of course, the time to disclose the specific employees who were late would be helpful at your unemployment hearing to show that the rules are not consistently enforced. The same holds true to discuss the allegation that the employer “doctored up” the time sheets. The next level of appeal is a whole new ballgame so to speak. The appeal to the Commission or Board has little to do with the facts. If you would like to discuss this further, and your options, you may contact me for a free consultation toll free 1-(866) 805-9492.

  • James Younger

    I live and work in Arizona. I work at a small bar/restaraunt, and business has died down severely over the last few months. I primarely cook, but a few months ago more than half my hours were cut due to lack of business, to compensate the owner made me a weekend night bartender, and insisted on paying me cash. I have been doing well, making more on a weekend than my new pay checks with the lack of the before mentioned hours. However, now I’m told he needs to drop my weekend bartending due to lack of business again, but that I’ll be on call. Since my hourly rate, and tips are not recorded, will I be ineligible for partial unemployment? As far as I understand it, partial unemployment is there for situations like mine, but did I make a mistake by accepting the bartending gig, instead of filing for partial unemployment immediately? If at all possible please reply [email withheld] thank you. (Ps: knowing my employer and his thoughts on unemployment, he’d definitely try to fight my case)

    • http://www.Credit.com/ Gerri Detweiler

      James The first step in these situations is to apply. and see what happens. Spencer Cohen also answers questions here – we’ll ask him to weigh in.

    • Spencer, nat’l Employee Rep

      You guessed it, you made a mistake by accepting the bartending gig, instead of filing for partial unemployment immediately. Accepting income without reporting it does not bode well in the eyes of the state.

  • Nav

    I worked for a family owned spa for 18 months, I wasn’t the perfect employee but I never had a write up. In late June they called a meeting and had everyone sign a form that said that if we were to receive a warning, we didn’t have to agree with it and we could write our own statement but it had to be signed or we’d be terminated. The next week, they (husband and wife, co-owners) call me I’m to the office and he starts yelling at me stating that I hadn’t been following protocol and they had “red.flagged” me since the previous week. He said they hired someone to call in and make an appt and that instead of following the booking order, I booked the client with my friend and didnt give the client an option. I tried explaining to them that I’ve never had this problem before and that I would never do that but he kept yelling and saying that I had to sign my first and final warning. I told him to call the person they hired to make sure she got the story straight and he did. The person changed the story stating that I did give her an option but I insisted on setting her up with my friend. Let me add that the first person that we are supposed to book is their daughter. So he kept yelling saying how I disrespected him and his family. He told me to just sign it and I said no, I was about to tell him that I wanted to write my own statement on it before I signed it but he interrupted me by yelling at me that I was dismissed, I tried to speak again but he yelled for me to get out and slammed the door behind me. I grabbed my things and left. My cowrkers called me that night to find out what happened and to tell me that he had told them that what happened to me was how things were going to be from now on. So I filled for UI and was told I’d get approved but 3 weeks later I get a call from an investigator asking me for my side of the story because my previous employer was claiming job abandonment. I explained what happened, she said she had to call them back then I’d hear from them by mail. I’ve been checking the status of online and today it said that my claim has been denied because I was fired. I need to appeal but how did go from claiming job abandonment to now I got fired? My ex employer once told me that he didn’t believe in UI, that anyone able to work should be working. He is a man with a bad temper and takes everything personally. I’ve never filed for UI before, I already got a job, I just want what is owed to me. Please help.

    • Gerri Detweiler

      Nav –

      I suggest you contact Spencer Cohen at Beattheboss.tv to find out what your rights are in terms of appealing this decision.

  • Joni W.

    My boss pulled me into his office to tell me that because our office has been slow and he knows I have a sick family member at home that I take care of, he was going to let me go. The catch was he wanted me to write a letter asking for time off to spend at home, which I didn’t want to write. I said I didn’t want to lost my job and he told me he could “terminate” me, but he would fight my unemployment because he “has things he can say.” This is complete nonsense as I’ve worked for him for 4 years with not so much as a warning about anything he was unhappy with. What are my chances of getting unemployment if he lies about why he terminated me?

    • Gerri Detweiler

      Joni –

      You won’t know unless you try so go ahead and file and then you can find out how he responds. If you need help with your unemployment case, you may want to check out the resources at Beattheboss.tv.

  • Maggie

    I have a situation where I was fired for insubordination which I don’t understand how because an employee and I were discussing how she felt things were not been done properly and I told her she wasn’t doing her job and we are falling behind she felt offended and started to get loud I tried to calm her down but she refuse we both were pulled in the office we were ask did we wanted to go home to calm the situation I stated I had work to do and I didn’t need the other employee decided to go home I had a discussion with my supervisor who agreed with what I was stating and also stated she was getting bad feed back about the next employee few minutes I was pulled back in the office and was let go? What are my chances getting unemployment

    • http://www.beattheboss.tv Spencer Cohn, National Employee Represetnative

      I’m not one to speculate. You’ll never know until you file. I would suggest doing that immediately. If you encounter a problem applying or collecting your benefits feel free to contact me.

      • Dee

        I was being bullied and tormented on a daily basis by my boss as well as some of my coworkers since I started working there; approximately two years. I reported the disrespect and his behavior several times throughout my tenure. Nothing was done. So, I finally got the guts to report it to a VP. An investigation was done and only some of my coworkers were interrogated as well as myself. A month later they came back and said that they found he did nothing illegal. So, my first response to them was to say, “so your condoning is destructive behavior”? I go home crying and almost at the point of a breakdown; which has affected all aspects in my life. the humiliation got so bad that i couldnt take it anymore and walked out. Now i was denied my unemployment. what is my recourse? As he cintinues to do this? i am suffering frim depression now and post traumatic stress. i am about to be evicted and don’t know where to turn.

  • Marcie

    How do I reach Mr. Cohn? I am appealing the second decision, which was against me. I overheard that I was going to be fired, so I quit. I was lied to about what was happening to my position, and overheard that I was going to be ” let go”.

  • Pingback: Memo to Obama: Push for Jobs, Don’t Shove Employers : News, Opinion, Truth & YOU!()

  • http://googlechrome Helen

    I am now involved with Spencer Cohn in my appeals process and am VERY GLAD. My appeals referee sent out a determination to reverse my previous determination. T he determination was definitely one sided towards employer and hit on items not at issue. It was vague in some crucial areas. This process is all tape recorded so I don’t understand how he came to his decisions! Spencer is on the job now and I am expecting quite a different outcome! Meanwhile I’m still looking for work and looking forward to a reversal in my favor.

  • Kim Deleo

    This is a great article that I hope everyone reads because it is SPOT ON. I was denied unemployment for several months but after fighting it, I won because of a bad deternination by unemployment workers. The decision wasn’t against any employer and they should have seen that I didn’t miss any time in work. But he is right in that they find any reason to deny you!!!!!

    • http://www.Credit.com Gerri Detweiler


      Thanks for sharing your feedback and experience.

  • S. Damian

    The article set out important facts regarding the unemployment filing and appeals process that is not common knowledge among employees. It is a apparently a process that most employers are well versed on, but honestly hope that their employees never aquire the same level of understanding. The article was very informative and empowering. It was great to read an article in which the writer encouraged former employees to move forward in their pursuit of unemployment benefits for which they are rightfully entitled. Mr. Cohn should be commended for being a versed advocate on this issue and a strong voice for the employee. Most employers do not participate in the unemployment appeals process unrepresented, so it is nice to have a resource such as this article to provide some guidance and encouragement. I’d be interested to know what percentage of the unemployment hearings former employees actually win? I have heard that it is common in many states, such as Florida, for the hearing officers to not be lawyers/attorneys and to have no formal training; however these states have argued that their hearing officers are experts in the field, but won’t provide the evidence to support their position. Is it any wonder why an employer who shows up at a hearing with a lawyer is able to intimidate an unlicensed and untrained hearing officer. Mr. Cohn obviously creates a balance for his former employee clients.

  • Julie Ruigomez

    Mr Cohn hit the nail on the head. I always thought I was working for employer X but then I discovered that I was a leased employee. This made it difficult for me when I had to fight for my benefits. I wish I had known that I could have had assistance in my battle for unemployment benefits but too many times employees feel they are powerless against their employers.

  • Andre Velazquez

    Mr. Cohn really gave me some good and usefull advise. Wish i had gotten all this info prior to my hearing.

  • Gerri Detweiler

    Lisa, Stephenie and Peggy – So glad you found it helpful! I am already planning a follow up story so if you have any specific questions, do let me know and I’ll get answers!


    • lisa carton

      Hi Gerri:

      I’m so glad!! More ! The employee needs more relevant and useful information that will help us in the workplace. I’d like you to ask Mr. Cohen a series of questions that pertain to everyday work situations . Like what happens if my employer makes me an independent contractor, but treats like me an employee?

  • Peggy Manett

    Thanks for posting this valuable information. I believe it is very helpful. There are a lot of people out there that just don’t realize what their benefits are. I will keep watch on this website from now on. And I will also inform my friends and co-workers about this site. I know a lot of people that could benefit from this kind of information. Please keep posting articles like these. Thanks again.

  • Stephenie Waller

    This information would / could help make a stronger workforce. So many of us are stuck with very poor employment situations, Perhaps even abusive. Due to families or debits we stay stuck. Information like this could let people make carrer or employment changes for a healthy change, making a stronger workforce. (No more disgruntled cashiers at walmart?) Or in a situation where an employer wrongfully terminates you, because of ‘At Will’ states most of us believe there is no point in filling since we ‘know’ we wont get it. The lack of Knowledge and Information is very intimidating for most. Getting this sort of information out there would benefit Thousands of People!!
    Considering this, we must ask, Is the unemployment rate accurate?! Hmmm…..

  • lisa carton

    Great article! Very informative. I wish I had his help when I was out of work fighting for my benefits. Please, more tips from Mr. Cohn on this subject!!

  • Pingback: How to Get Unemployment Benefits | The Daily Conservative()


Credit.com receives compensation for the financial products and services advertised on this site if our users apply for and sign up for any of them.

Hello, Reader!

Thanks for checking out Credit.com. We hope you find the site and the journalism we produce useful. We wanted to take some time to tell you a bit about ourselves.

Our People

The Credit.com editorial team is staffed by a team of editors and reporters, each with many years of financial reporting experience. We’ve worked for places like the New York Times, American Banker, Frontline, TheStreet.com, Business Insider, ABC News, NBC News, CNBC and many others. We also employ a few freelancers and more than 50 contributors (these are typically subject matter experts from the worlds of finance, academia, politics, business and elsewhere).

Our Reporting

We take great pains to ensure that the articles, video and graphics you see on Credit.com are thoroughly reported and fact-checked. Each story is read by two separate editors, and we adhere to the highest editorial standards. We’re not perfect, however, and if you see something that you think is wrong, please email us at editorial team [at] credit [dot] com,

The Credit.com editorial team is committed to providing our readers and viewers with sound, well-reported and understandable information designed to inform and empower. We won’t tell you what to do. We will, however, do our best to explain the consequences of various actions, thereby arming you with the information you need to make decisions that are in your best interests. We also write about things relating to money and finance we think are interesting and want to share.

In addition to appearing on Credit.com, our articles are syndicated to dozens of other news sites. We have more than 100 partners, including MSN, ABC News, CBS News, Yahoo, Marketwatch, Scripps, Money Magazine and many others. This network operates similarly to the Associated Press or Reuters, except we focus almost exclusively on issues relating to personal finance. These are not advertorial or paid placements, rather we provide these articles to our partners in most cases for free. These relationships create more awareness of Credit.com in general and they result in more traffic to us as well.

Our Business Model

Credit.com’s journalism is largely supported by an e-commerce business model. Rather than rely on revenue from display ad impressions, Credit.com maintains a financial marketplace separate from its editorial pages. When someone navigates to those pages, and applies for a credit card, for example, Credit.com will get paid what is essentially a finder’s fee if that person ends up getting the card. That doesn’t mean, however, that our editorial decisions are informed by the products available in our marketplace. The editorial team chooses what to write about and how to write about it independently of the decisions and priorities of the business side of the company. In fact, we maintain a strict and important firewall between the editorial and business departments. Our mission as journalists is to serve the reader, not the advertiser. In that sense, we are no different from any other news organization that is supported by ad revenue.

Visitors to Credit.com are also able to register for a free Credit.com account, which gives them access to a tool called The Credit Report Card. This tool provides users with two free credit scores and a breakdown of the information in their Experian credit report, updated twice monthly. Again, this tool is entirely free, and we mention that frequently in our articles, because we think that it’s a good thing for users to have access to data like this. Separate from its educational value, there is also a business angle to the Credit Report Card. Registered users can be matched with products and services for which they are most likely to qualify. In other words, if you register and you find that your credit is less than stellar, Credit.com won’t recommend a high-end platinum credit card that requires an excellent credit score You’d likely get rejected, and that’s no good for you or Credit.com. You’d be no closer to getting a product you need, there’d be a wasted inquiry on your credit report, and Credit.com wouldn’t get paid. These are essentially what are commonly referred to as "targeted ads" in the world of the Internet. Despite all of this, however, even if you never apply for any product, the Credit Report Card will remain free, and none of this will impact how the editorial team reports on credit and credit scores.

Your Stories

Lastly, much of what we do is informed by our own experiences as well as the experiences of our readers. We want to tell your stories if you’re interested in sharing them. Please email us at story ideas [at] credit [dot] com with ideas or visit us on Facebook or Twitter.

Thanks for stopping by.

- The Credit.com Editorial Team