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Old 01-03-2013, 01:39 PM   #31
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Re: Unemployment

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Originally Posted by Daseal View Post
The reason VA is so far below the average unemployment rate is because of the government. So many jobs revolving around the government are in VA. It has nothing to do with right to work and has everything to do with the location. Many of the other right to work states have some of the worst unemployment in the nation.
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Old 01-03-2013, 01:39 PM   #32
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Re: Unemployment

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Schneed

I think it depends on the size of the business. My company takes forever to force losers out. They have to go through lengthy and well documented processes. Typically they have to be put on a PIP (Performance Improvement Plan) and given a chance to get better, etc.

Employees can bring suits, but the burden is on them to prove that they were discriminated against.
I am guessing you are partially right in that it depends on the size of the business. It is likely the restrictions you cite are more about protection from lawsuits and costly settlements than something imposed by law.

Without such procedures, large companies open themselves up to discrimination claims in a way smaller companies do not.

For example, if you have a company of 500 hundred employees with 10 people who have the discretion to fire people, the inevitiable inconsistencies between those 10 in exercising that discretion likely create questions of fact as to the underlying basis for firing specific employees - remember, each of the 10 is "the company" for termination. Those questions of fact make surviving a Motion to Dismiss difficult and would open the company up to lengthy and invasive discovery of its hiring and firing records and, in such cases, settlement may be viewed as a better option than spending the resources to fight an ultimately frivolous claim. The best protection against this is to have procedures in place, limit and codify the discretion allowed to make the process as uniform as possible which, in turn, provides a basis for quick and easy dismissal of frivolous suits. Thus, the larger the company, the more likely you are to have self-imposed procedures as a way to protect itself.

On the other hand, Joe Schmoe with 10 employees who does his own hiring and firing, doesn't have the concern that his practices are inconsistent (unless, of course, he is illegally discriminating). As such, while the occasional lawsuit may occur, it would be less likely to have the questions of fact generated by multiple decision-makers and, therefore, be more likely to an early dismissal. For smaller businesses where one or two people are in charge of hiring and firing, I would even recommend against anything but the most perfunctory of policies b/c all it they would do is create ways for you to screw-up procedurally and open yourself up to suit.
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Old 01-03-2013, 03:51 PM   #33
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Re: Unemployment

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Originally Posted by Daseal View Post
The reason VA is so far below the average unemployment rate is because of the government. So many jobs revolving around the government are in VA. It has nothing to do with right to work and has everything to do with the location. Many of the other right to work states have some of the worst unemployment in the nation.
So now explain why on average the other 21 Right to Work states have lower unem.

Last edited by firstdown; 01-03-2013 at 04:05 PM.
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Old 01-03-2013, 04:22 PM   #34
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Re: Unemployment

virginia is a police state, everyone knows that
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Old 01-03-2013, 06:56 PM   #35
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Re: Unemployment

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I am currently unemployed! Huzzah!

So I got laid off today for the first time in my life. I've been working since I was 16 so I guess it was bound to happen someday.

My question is this, my employer (located in Virginia) cited "performance issues" as the reason they let me go. Which means getting anything from unemployment is probably out of the question. I haven't filed yet. I was also employed there for 6 months.

But I do have issues with this, and I was wondering if it would matter that 2 things happened:

1) They never approached me SAYING they had an issue with my performance. Not even in passing. Earlier, maybe 2-3 months into the job they pulled my aside and said hey work on this, work on this, you gotta do this better. Not long after that, they had mentioned that I was doing a lot better. Since then, they never said a word about me under performing.

2) Since THEY never approached me, I always approached THEM to ask about my performance. The last time I did approach them to ask how I was doing (which was early in December) and if there was anything I could do better, I was told "No, you're doing just fine." Unfortunately, I don't have any documentation that those meetings happened.

I wondered if any of this mattered if I ended up filing an appeal for unemployment. Or trying to file at all. I might not and just try to throw as many resumes out there as I can in a few days and see if anything sticks before the end of the month.
I'm sorry I am so late replying to you, but I do have some experience with this.

Virginia is basically one of the hardest states to get unemployment benefits from. In this state, unless you lose your job because a place went out of business, you are pretty much screwed.

If there is any bad marks on your work record for ANYTHING, and I mean even the most insignificant thing, you won't get benefits. They tell you that you have a right to an appeal, but don't waste your time unless you have a high powered lawyer and lots of money.

The first thing that happens when you file for VA unemployment, the VEC will call your former company and get the facts on your dismissal. They purposely ask questions to find out if there was EVER ANY incidents concerning you. Even if you were 5 minutes late one time, the VEC can determine that you had "misconduct" and basically you are ineligible for benefits.

I was laid off in July of 2011, everyone that I worked with were put in a meeting and we were told that more than likely by November our company would be out of business and that they were trying to cut jobs to try and stay afloat. But when I went and filed for benefits, I was told i didn't qualify because the interviewer determined that "Misconduct" had occured. don't ask me how. But that's the truth..

Good luck my friend.
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Old 01-03-2013, 09:19 PM   #36
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Re: Unemployment

With Va being in DC or part of it, and as DC the Govt capital of the USA, that is where the jobs are at it seems. With the govt type of work. Great pay and benefits to add to it.
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Old 01-03-2013, 10:39 PM   #37
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Re: Unemployment

SS84 - You cannot be denied benefits unless you were terminated for misconduct. It's not that "misconduct" occurred in your employment history. Rather, the misconduct which caused your termination is the only conduct which can be considered by the VEC. Further, on appeal, it is the employer who bears the burden of showing that misconduct. It's true that the term "misconduct" will be broadly interpreted, but they can't make sh** up and they can't rely on conduct that wasn't the basis for your firing.

Did you appeal? Some employers will simply assert the firing was for misconduct in an attempt to avoid the hit on their unemployment insurance costs but give it up as soon as an appeal is filed.
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Old 01-04-2013, 12:14 PM   #38
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Re: Unemployment

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As long as you voluntarily didn't quit i believe they owe you unemployment.
Not necessarily. Sounds like she was still in the probational period...which usually lasts about six to nine months I think. So, in that length of time, a company can fire you without going through a three strikes procedure.
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Old 01-04-2013, 02:07 PM   #39
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Re: Unemployment

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SS84 - You cannot be denied benefits unless you were terminated for misconduct. It's not that "misconduct" occurred in your employment history. Rather, the misconduct which caused your termination is the only conduct which can be considered by the VEC. Further, on appeal, it is the employer who bears the burden of showing that misconduct. It's true that the term "misconduct" will be broadly interpreted, but they can't make sh** up and they can't rely on conduct that wasn't the basis for your firing.

Did you appeal? Some employers will simply assert the firing was for misconduct in an attempt to avoid the hit on their unemployment insurance costs but give it up as soon as an appeal is filed.


I'd listen to the lawyer on this one.
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Old 01-06-2013, 02:01 PM   #40
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Re: Unemployment

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Originally Posted by JoeRedskin View Post
SS84 - You cannot be denied benefits unless you were terminated for misconduct. It's not that "misconduct" occurred in your employment history. Rather, the misconduct which caused your termination is the only conduct which can be considered by the VEC. Further, on appeal, it is the employer who bears the burden of showing that misconduct. It's true that the term "misconduct" will be broadly interpreted, but they can't make sh** up and they can't rely on conduct that wasn't the basis for your firing.

Did you appeal? Some employers will simply assert the firing was for misconduct in an attempt to avoid the hit on their unemployment insurance costs but give it up as soon as an appeal is filed.
Great advice and a good analysis. To answer your question, I did not file the appeal because 2 days after losing my job, I was employed again at the company that I had 2 interviews with already. Long story short when we knew we were facing the layoffs, i got ready by putting out lots of applications and by the time I finally lost my job a few months later, i had another one lined right up.
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Old 01-06-2013, 02:05 PM   #41
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Great advice and a good analysis. To answer your question, I did not file the appeal because 2 days after losing my job, I was employed again at the company that I had 2 interviews with already. Long story short when we knew we were facing the layoffs, i got ready by putting out lots of applications and by the time I finally lost my job a few months later, i had another one lined right up.
Good for you!
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Old 01-18-2013, 03:49 PM   #42
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Re: Unemployment

In a stunning victory for people who feel their dingus boss undermines them at every opportunity, I would like to announce that my daily nightmare, aka dingus, has left the building. Dingus first joined the company I work for back in late July of aught-12. He then immediately went to work making the lives of myself and my 4 coworkers in my department miserable. For over 6 months he made each of us feel miserable before we set foot in the door every day. That is a personal accomplishment of his that shouldn't be overlooked. Today we salute you, overbearing, micromanaging, supremely hated managers of the world. This bud's for you. Even bad lessons in life are still lessons learned, and for that we thank you. Salutations, and goodnight.
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Old 01-18-2013, 04:04 PM   #43
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Re: Unemployment

Good to hear, Mooby!

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Old 02-18-2013, 11:53 PM   #44
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Rave I was also laid off in January but I wasn't able to get unemployment because in Oklahoma you have to work for that company atleast 3 months and I literally was almost there. I've finally gotten another job with better pay so F them! Lol. I hope u do too
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Old 03-03-2013, 04:09 PM   #45
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Re: Unemployment

I just got a new job today! It's not the administrative job I had hoped for, it's a retail position. I'm getting paid less than I used to be, but it's a job and I'm thankful for that. Can't be too choosy when you're dead broke and unemployed. There's always the chance that I could move up to a team lead postion, then management and even squeeze my way into a corporate position. Who knows. Hopefully better things lie in the future.
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