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<DIV>Was there a company employee handbook? Was there a set of rule and
procedures for the IT department? Can you make out a case for what your were
doing, by pointing to specific rules which said that is EXACTLY what you should
have been doing?</DIV>
<DIV> </DIV>
<DIV>Chances are you can. Most companies write their rule books to be consistent
and impartial and even-handed and reasonable. They don't always follow those
rules. The VIPs often assume they are exempt. Sometimes they openly say those
rules are just there so they can cite them in the event of some kind of
inspection or lawsuit. I've even noticed rules, when I was driving a bus, that
the company didn't WANT to follow or enforce, because it got them screaming
complaints over the phone. Managers would rather employees violate the rules and
keep the clients happy, BUT if anything went wrong as a result, there is a rule
on paper, and the employee can be blamed for "violating company policy."</DIV>
<DIV> </DIV>
<DIV>These rules can also be used by employees who get fired because some VIP
wants special treatment. If there is any doubt about your right to unemployment
compensation, be prepared to explain how you were simply following company
policy, and some manager didn't want to go by the rules you had been ORDERED to
follow.</DIV>
<DIV> </DIV>
<DIV>I would suggest filing a lawsuit for wrongful termination, but</DIV>
<DIV> </DIV>
<DIV>a) they are long and complicated, so unless an attorney sees a really good
chance of winning and takes it on contingency, you probably can't afford
it,</DIV>
<DIV>b) every state has different laws on what IS wrongful termination,</DIV>
<DIV>c) companies fight those tooth and nail, and have lots of lawyers on
retainer to split hairs till the cows come home.</DIV>
<DIV> </DIV>
<DIV>Still, you should be able to defend your unemployment. I wasn't asked to be
union shop steward (before my own termination) for nothing.</DIV>
<DIV> </DIV>
<DIV>Siarlys</DIV>
<DIV> </DIV>
<DIV>On Fri, 13 Nov 2009 11:25:30 -0800 "Discussion of the Good, Clean Funnies
List" <<A href="mailto:gcfl-discuss@gcfl.net">gcfl-discuss@gcfl.net</A>>
writes:</DIV>
<BLOCKQUOTE
style="BORDER-LEFT: #000000 2px solid; MARGIN-LEFT: 10px; PADDING-LEFT: 10px">
<DIV>Oh I was! I was doing IT Help Desk for Umpqua Bank. But last month they
let me go because I told a department (multiple times) they needed to go to
the tech assigned the Work Order and not come to us as we'd already passed it.
The bosses ignored that fact and only focused on my final reply which said
spamming the Help Desk doesn't help their cause and e-mailing us 3 times in 5
minutes about the very same issue after we've already assigned it and already
pointed them in the right direction isn't appropriate.<BR>Now why on earth is
holding VPs accountable and expect them to follow the rules so wrong? I don't
know! But it pissed them off and they got rid of me!<BR>~Lance<BR></DIV><BR>
<DIV class=gmail_quote>On Thu, Nov 12, 2009 at 1:36 PM, Discussion of the
Good, Clean Funnies List <SPAN dir=ltr><<A
href="mailto:gcfl-discuss@gcfl.net">gcfl-discuss@gcfl.net</A>></SPAN>
wrote:<BR>
<BLOCKQUOTE class=gmail_quote
style="BORDER-LEFT: rgb(204,204,204) 1px solid; MARGIN: 0pt 0pt 0pt 0.8ex; PADDING-LEFT: 1ex">
<DIV>
<DIV>For some reason Lance, I always thought you had some kind of computer
tech job. You know a lot about that stuff, maybe you should look for one. If
your experience i anything like mine, most inquiries in response to job
postings do not result in a reply. Employers are so rude. Remember when they
had to pay a couple dollars an hour more just to get anyone to take the job?
Those days are coming back, when we least expect them, in some way nobody
could predict. Somehow, God will provide, but as C.S. Lewis says, there is
always a chain of material events from which someone could deduce "See, it
would have happened anyway."</DIV>
<DIV> </DIV>
<DIV>Once again, if you get an unfavorable ruling on unemployment
compensation, appeal it. There are all kinds of errors of judgment made, and
a good chance you could challenge any claim from your employer that you were
fired "for cause." Its generally not good enough that "he just wasn't
working out," there has to be some negligence or gross error on your part,
or you would be entitled to compensation.</DIV>
<DIV> </DIV>
<DIV>Charlie</DIV>
<DIV>
<DIV></DIV>
<DIV class=h5>
<DIV> </DIV>
<DIV>On Wed, 11 Nov 2009 15:59:39 -0800 "Discussion of the Good, Clean
Funnies List" <<A href="mailto:gcfl-discuss@gcfl.net"
target=_blank>gcfl-discuss@gcfl.net</A>> writes:</DIV>
<BLOCKQUOTE
style="BORDER-LEFT: rgb(0,0,0) 2px solid; MARGIN-LEFT: 10px; PADDING-LEFT: 10px">
<DIV>Sorry to hear that Siarlys. Thank you for the words of encouragement.
I sure can use them.<BR>~Lance<BR></DIV><BR>
<DIV class=gmail_quote>On Wed, Nov 11, 2009 at 10:18 AM, Discussion of the
Good, Clean Funnies List <SPAN dir=ltr><<A
href="mailto:gcfl-discuss@gcfl.net"
target=_blank>gcfl-discuss@gcfl.net</A>></SPAN> wrote:<BR>
<BLOCKQUOTE class=gmail_quote
style="BORDER-LEFT: rgb(204,204,204) 1px solid; MARGIN: 0pt 0pt 0pt 0.8ex; PADDING-LEFT: 1ex">That
was a surprise Lance. I've been out of work since July 19,
haven't<BR>collected unemployment (it was a single incident, but they
did have<BR>cause), don't have a family to support, did get work on the
pumpkin farm<BR>in October, and had some freelance writing irons in the
fire that may<BR>keep me going past the end of the year. Not sure what
all this does to my<BR>taxes, since I should be in a lower bracket than
expected, but freelance<BR>is taxed for 13.5% social security, and no
withholding.<BR><BR>Sounds to me like someone at your employer meant to
present your<BR>termination in a way that would routinely inspire the
state to give you<BR>unemployment (got laid off, no cause specified),
but someone else didn't<BR>know that and equally routinely specified
whatever "cause" they thought<BR>they had. If the decision is negative,
always appeal. A friend of mine<BR>was told she hadn't worked long
enough at her job to qualify for FMLA,<BR>therefore she wasn't even on
the payroll after taking time off to have a<BR>baby. The state
unemployment examiner said, not under the federal FMLA,<BR>but under the
state FMLA you did, so they fired you without cause, and<BR>she got
unemployment.<BR><BR>Hopefully you'll find something else soon, but
there sure are a lot of<BR>people
looking.<BR><BR>Siarlys<BR></BLOCKQUOTE></DIV></BLOCKQUOTE></DIV></DIV></DIV></BLOCKQUOTE></DIV>
<DIV> </DIV></BLOCKQUOTE></BODY></HTML>
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