Question about unemployment insurance

Question about unemployment insurance

I left a job because I was harassed and abused that stemmed from both overt and systemic racism. I was treated differently from similarly situated employees and believe any reasonable person would have resigned.. As a matter of fact, any reasonable person would have left before I did.

When I filed, I indicated that I voluntarily resigned and they had me fill out a questionnaire describing my situation and how any reasonable person would have done the same. I was told that this could be construed as a constructive discharge so I was surprised when I was denied due to disqualification.

Unemployment told me that they read my statement as well as reached out to my former employer who stated that I voluntarily resigned due to personal reasons.

I don’t understand why they asked me to fill out the questionnaire if they were going to decline me anyway. They knew why I left in the first place. It seemed to me that this was just perfunctory on their part and wasted my time calling in weekly, etc. to find out the status.

I plan on appealing but was wondering if anyone had experience with the appeal process that they could share with me. It is so unfair that my former employer could get away with this behavior and I plan to fight them tooth and nail.

Any insights/thoughts would be appreciated.

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17 Comments

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  1. Anonymous

    How else would your UI claim be investigated with out a statement?? I’m surprised that you’re surprised! You seem to have awareness of the process: you’re looking for unemployment benefits even though you resigned, the office asked for your statement so they could investigate, they investigated and declined your claim.

    If the unemployment office granted everyone’s claims just on people’s statements , this entire country would be on UI. They had you call in weekly for updates. Sounds like they were working with you and were sincere in their transparency.

    You’re obvi angry that your claim was unsubstantiated but your anger should be directed at the true perpetrator, your former employer. They’re the ones who blew up your claim and provided more compelling information about your departure.

  2. Anonymous

    Unfortunately, if you resigned, it's their word against yours without EXTENSIVE evidence.

    I've been at many toxic places but know better than to resign without something to replace. One place was particularly rough and they tried 6 MONTHS to get rid of me by making me miserable. I was stronger than they were. Came down to an email. They said I never sent it. I proved them wrong by sent date, time. FINALLY they let me go. Unemployment PLUS 3m severance. Can't get UE paid out until severance ends, but the point is: I won as I documented everything from the start. New management wanted me out.

    Employers can say anything they want. Unemployment officials take them at their word without substantial evidence to the contrary.

    I was fired once, declined UI, appealed and WON as I had a letter from my employer stating they let me go.

  3. Anonymous

    Sometimes people HAVE to resign without having another job lined up, for mental and emotional health reasons. Not to mention we shouldn't be expected to just "suck it up" when experiencing discrimination, racism, sexism, any other ism.

  4. Anonymous

    Agreed; however, supporting a family meant (in MY situation), it was better to put up with the BS to secure a future for my young boys not to mention MY dreams.

    I learned tremendous documentation traits as well as inner strength and the ability to cut off work at 5p.

    I speak for myself only. We are all different.

  5. Anonymous

    I hope you are also looking for a new job and not just planning on trying to get unemployment.

  6. Anonymous

    I am not just trying to get unemployment, are you? This was put in place by the government to help people during a transitional period. It is sad that people like you side with corrupt corporate America..smh

  7. Anonymous

    It will require documentation on your part as well as theirs. I hope you have a copy of the questionnaire you filled out and your termination package, plus any write-ups or performance evaluations. It always helps if you have in writing that they understand your reasons for leaving (which I doubt they did), but it does not guarantee anything.

    I appealed for a completely different reason and won. They assumed that they could terminate me for cause because I had been previously put on a PIP. Unfortunately for them, the PIP had expired a month before the termination and had nothing to do with the reason. I brought copies of the PIP and the termination paper, which my employer also had, but when I explained both, the referee agreed. Since the termination was for some paperwork I had not been adequately trained on that failed an audit and was not illegal or considered "gross misconduct," I won the appeal and received my full allotment of UI.

    Be aware that each state has its regulations concerning eligibility for UI and the process for appeals, so what anybody else's experience is may not be how your state operates. It is best to talk with someone locally, such as someone who has gone through the process, an employment attorney, or the Department of Labor, to get complete information on how things are handled there.

  8. Anonymous

    I would have rather left a job than had been fired. I feel like it's a huge black eye on my perfect employment record. But looking around I might have just been lucky, I was never fired before this. I think it's smart to leave first and I think you were smart to leave. It's hard to work for someone that is out to get you no matter how you perform. I still have nightmares that wake me months later. I would reapply to unemployment because it's there for you not your employer. It's horrible how much fighting to survive in daily life.

    Good Luck

  9. Anonymous

    Glad your employment record is perfect.

    My WORK ETHIC is PERFECT, my prior employers, colleagues and situations are not even close.

    Sometimes being fired is a blessing, but it depends on how you turn it around and be honest to next recruiter.

  10. Anonymous

    Depending in reason for being let go.

    I have my pride as well and leave before being let go, but there have been times where it would be financially stupid to walk.

    No, I'm not a big spender or irresponsible. I'm the contrary- I'm not letting anyone throw me out for no reason without some variation of a prize (UI pays nothing, but it's something) After all, it's ME starting over, not them.

    I don't have the luxury of walking. Sorry, but I don't.

  11. Anonymous

    I disagree. If you are being severely mistreated, why would you stay? I am not about selling my soul for anyone or any company. I am better than that.

  12. Anonymous

    Not about being "better than that "; it's about reality.
    Do people who aren't "better than that " deserve disrespect? I'd certainly look elsewhere for opportunities, but have you considered they WANT you to quit???? Don't provide the satisfaction until you are ready to.

    My family is my #1. I can put my personal pride aside, especially in a tough and competitive market, to make sure they are safe with a roof over their head and security.

    But that's me.

  13. Anonymous

    All of this!!

  14. Anonymous

    You cannot file for UEC if you resign. I would have recorded the harassment and told them I was going to report them. They would have fired you. Then you can file for UEC and you have proof of the crime. They would be formally investigated

  15. Sharmil McKee

    You can win the appeal. You just need to prove that you were discriminated against. I recommend hiring a lawyer because constructive termination is a little hard to prove.

  16. Anonymous

    It's natural for the questionnaire so that they know more about your application for unemployment, they don't ask just to ask. Then reaching out to an employer, they have a choice to contest or approve your request. If they don't you can then appeal and it would be a judge, them and you in the meeting. Regular process.

  17. Anonymous

    Yes, vague answers are always a way that disqualify you.

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