husband's unemployment was denied

[fizzgig]

the money came through yesterday, the status changed today and he got a letter telling him he was denied. the letter said it was because he was terminated for being insubordinate, which was news to him (he never got a reason from his employer).

next step, of course, is to appeal. i deferred my student loans, i'll get signed up with the food bank and make an appointment to sign up for food assistance. i'll start looking for a second job.

he's applying for jobs every day, but nothing yet so far. i had to add him to my health insurance, so there goes another ten percent of my pay (it was cheaper than exchange and much better coverage). we've put $300 on the credit card for car repairs and had to take one of them back to the shop today.

i haven't felt like crying once since he lost his job, but i'm on the verge of tears. not for me, not because of money, but for him. he's so beat down right now and i can't do anything to make him feel better. he wants to go back to school, but has no idea for what. he's going to go to the workforce center and see what they can help him with.

we won't starve, we won't get evicted, but i worry some about how we're going to make it if something doesn't give soon. and i'm embarrassed even though i have to reason to be, i just never thought i'd wind up in this position.

[CaliforniaPeggy]

1. You are a strong person and a fighter, my dear fizzgig...

I hear you, sweetie...

It is completely normal to feel the way you do after this awful experience.

I am so so sorry...

[Major Nikon]

2. He should write down everything he remembers about the firing

Also if you have any records about what, if any, company polices were regarding conduct and discipline don't throw any of that away as it may be helpful.

[Tuesday Afternoon]

3. He can win on appeal. This happens a lot. Good luck, fizzgig to you and your

husband. I don't know how it works in your state. The Unemployment Office should be able to walk him through the process.

[Locut0s]

4. *Vibes and Hugs* being sent your way fizz...

See my reply in the MHS group for a more detailed response. You are strong and will get through this together! I know what it's like to feel like your life is falling apart. Make sure you look out for yourself first, then him. He needs help, but don't take on all of him problems as your own, that will only lead to disaster. Be there for him, encourage him, be the steady rock, coax him to get help, but be careful not to be consumed by it.

[B Calm]

5. I lost my appeal once, so I sued the company and won.

[RebelOne]

6. Once when I applied for unemployment,

my former employer contested it. The unemployment office set up a hearing date. I showed up, but the employer or a representative did not. So I received my unemployment.

[hedgehog]

7. The hardest thing for good people to understand is that there are awful people out there.

It's hard to believe today, but if your husband's former employer pulled a stunt like that, it's a good thing he isn't working there any more.

Finding work is the hardest thing in the world. In a lot of cases, it boils down to someone you know making a connection , so reach out to friends, family and neighbors.

DON'T BE EMBARRASSED! Did you crash the economy? Did you block budget negotiations? Put the blame where it belongs, and know we are all pulling for you!

[anasv]

8. take a look at the exchange again

It seems strange to me that if he has no income, why he isn't eligible for a plan with a fully offset premium.

Please know that you two are not alone in this. Many, many fine people, hard workers, are without jobs.

I always thought I'd be a desirable employee too. I know how this tramples on your self-esteem.

[In_The_Wind]

9. Good luck with the appeal. We won one about 5 years ago.

[magical thyme]

10. none of us thought we'd ever end up where we have....

it has been so shocking, so stunning...

[Chan790]

11. As others have said...you can win on appeal.

It's actually often usually easier to win on appeal.

The initial assessment, they call the employer and ask why you left, the appeal requires the employer to actually prove "cause" for termination.

A lot of the time, the employer doesn't show up or is dismissed for failure to disclose information (any document they wish to submit into evidence must be disclosed to the appellant by a deadline weeks in advance of your hearing date) or simply fails to prove "cause"...they have to go first in presenting evidence in the hearing, if you/he does not feel they have met the burden of proof, you don't have to say anything or present any argument; often that is the best course of action...more appellants (fired employees) end up providing the "cause for termination" when they present than employers that successfully make their case. The bar is high for employers and many cannot reach it.

Your state or county has a legal-assistance office (often run or funded by unions or universities) that deals with labor law and provides free-or-cheap assistance and advice. Use them, they're an asset. They know the law in your jurisdiction better than anybody except the administrative judge. They will help you. I think the branch manager of my bank nearly shat himself when I started objecting to his arguments with legal citations to statutes and case law. I won and I was on much shakier ground...nobody questioned that I'd been fired, it was a matter of whether it was legal to fire me. The judge threw the book at them.

[dawg]

12. I'm sorry you and your husband are having to go through this.

I remember what it was like the last time I lost a job. I was pretty shaken. It's a rough thing for anyone to go through.

But you sound so sincere and supportive. Having a partner like that makes so much of a difference.

[flying rabbit]

13. Be strong

and as other posters have said, you can win an appeal.
Best of luck.

[cherokeeprogressive]

14. Be his biggest supporter.

He needs you.

[RedCloud]

15. Hopefully you can help him win against that scrooge.

Best wishes. I have been there as well and it took about 1 year to get a good job again.

[IrishAyes]

16. Bless your heart, both of you.

I'm so sorry. With someone like you to stand by him, hubby will pull through fine, I'll wager.

Over a long working life - I almost hesitate to call it a career - more than one employer has tried to stiff me over nothing more than a layoff. So I've found judges to be pretty familiar with their tactics. Barring the luck of the Irish (who says it's all good?), there's good reason to expect justice.

Won't go into the horrid details, but not once was I legitimately dismissed for cause. But I learned a terrible loathing for anything except free agency, because it's human nature for big fish to eat little ones. How's that for a mixed metaphor?

You're not alone. I hope your husband will take a brief spell to consider his options and then move very carefully into his next profession. Someday you might both look back on this and feel not only relief that it finally ended well, but have a sense of pride that you didn't let this bleepin' world knock you down and keep you there.

Remember, living well is the best revenge.

[gvstn]

17. Remind your husband benefit by trying to deny unemployment benefits.

It is a tactic they use to keep their cost down. I'm not exactly sure how it works but a company that has lots of ex-employees collecting unemployment has to pay a higher rate for their part of the insurance. It behooves them to put up an initial obstacle even if it is unsavory.

As soon as he appeals the unemployment office will get back to him for details of what happened and then go back to the employer for details. Many times it is then decided that the employer didn't give enough warning of a potential problem and things are decided in the employee's favor. Or the employer doesn't want to deal with the appeal process.

If he wasn't told he was fired for cause then I don't see how they can turn around and say that now. He should be careful not to volunteer any previous disagreements he had with his boss unless they are extremely relevant as that would help the boss build a case against him.

Good Luck.