UPDATE: THEY CLOSED MY DEPARTMENT, laid off 90+ people. I'm going to get fired?.... not for drinking... for being me

It’s definitely not fun, and I wouldn’t love it, but I like to keep my head down, and opinions quiet at work. It’s literally is a lot better than engaging in the BS. I’m not at work to make friends or enemies. Just pay me. Lol

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Yeah, i hear you… i try so hard to be one of the team, to be accepted… never thought it would get me in trouble

I don’t think they want to fire you.

I think your employer wants to make your workplace so unbearable that it will cause you to leave on your own.

That way, they don’t have to contribute to any unemployment benefits.

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If they fire me, they don’t have to contribute to unemployment… in my state, you only get unemployment if you are laid off or have your hours severely cut.

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The coffee cup thing… If it wasn’t anything inappropriate and you were among your peers (not busy, hyper focused upper management) just waiting. That’s actually the kind of thing my job encourages as long as it doesn’t get out of hand.

For us, we recognize there’s challenges of isolation working remotely. It’s good for everyone to have at least a little personality when we get to interact.

All to say, there’s definitely different work cultures…

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Sounds like a great idea. My husband suggested i apply now and not wait for them to fire me.

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Yeah, they said they encouraged that kind of positive team building and engagement… but i guess just not for me

You always have more leverage/ appeal if you apply for a new job when you still have one. If you quit your job first there will be a lot of questions, whether they express them or not. Just a note to be careful about getting instant gratification while setting yourself back in the long-term. As tempting as it is to tell them to f$%* off it’s better to have a new job first! I would definitely try to use up my sick days if I were you, though!

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Definitely. I’m a plan b, c d e f g girl… and i used most of my sick leave in rehab last week before last. Lol.

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I don’t know of any state that has an exception to this rule. It is true, that some terminated employees are not entitled to unemployment insurance benefits. But that doesn’t mean an employer can terminate someone for any trivial or frivolous reason simply to get out of paying unemployment insurance. Terminated employees have rights. And that should apply with every state. What state are you referring to?

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If I’m getting into that situation I will turn off camera!!

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Same here. If they fire you or you quit you don’t get unemployment. Only being laid off

But I agree that it sounds like they are trying to make it so people will quit. They clearly want to downsize but have no real “cause” to fire anyone so they want you to quit. It’s all about dollars

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I just didn’t want you to feel like you’re getting thrown out of the company due to your poor behavior. I don’t believe it has anything to do with you at all. As @VSue mentioned, the company is looking to downsize. And they’re trying to do it the most cost efficient way possible.

So I agree with your decision to look for a different job. And you’ll likely find a better place that appreciates your worth

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Yes and no,

Depending on your state, unemployment is paid if an employer fires an employee for what the state feels was an unjust cause,

In At Will employment states which is well most states, an employer can dismiss an employee for any reason, As long as the termination isn’t due to discrimination (age, sex, religion, race or ethnicity, sexual preference etc. etc.)

So your boss in an at will state, can just be like I need 5 people to fire today. Your wearing black shoes, I don’t like them pack up your desk your gone, at will employment also means you can just leave as you wish without even telling them, so it goes both ways. However they will want to reduce the risk of their unemployment insurance rates going up so they’ll look for something

However it is not good business practices, just to fire people for something to do so more often than not employers will cite poor performance or attendance as the mitigating factors for dismissal, and this is where the unemployment decisions come into play. More often than not an employee usually files for unemployment and it takes a week or two before a decision is made, unless the employer is complying due to a downsize often those employers are already prepared to get you unemployment immediately,

When you fill out your claimant form, you have to make a personal statement, in which you state the facts or what you believe are the facts of why you were dismissed from your job,

The employer also gets a respondent form, asking their reason why you were dismissed from the job, the unemployment office receives both statements and makes a decision based on the information submitted.

If either party disagrees with the decision they have the right to file an appeal and request a formal hearing with the unemployment insurance of that state and a professional mediator is involved as a hearing examiner Or administrative judge depending on your state.

At the hearing if you were awarded unemployment benefits and the hearing examiner rules in favor of your employer, well then any money you were paid in unemployment claims you will have to pay back, if you were being withheld unemployment and the examiner rules in your favor, well then you are back paid from the date of filing,

There’s another appeal after that, but the appeal is reviewed and if the board agrees with the examiner most do in almost all cases, it stops there

But amongst all this is a timeline while your filing for unemployment your state most of them have a rule installed you must search and apply for two jobs a week, that are suitable, so if your a mechanic, you can’t go apply for a dishwasher job and say it counts, because the other rule is you have the right to decline work that doesn’t offer similar pay and benefits, that you were accustomed to, so if you make 70k a year you have the right to decline a job that pays 50k a year for the same position.

Your employer is betting on two things, one you find a job before the appeal hearing starts, and then you can’t make it due to your new job, or that the process overwhelms you so you don’t pursue it.

Also in states like mine Virginia Unemployment pays so poor, the max benefit in Virginia is 300 dollars a week, equivalent to 7.50/hr before tax, minimum wage is 7.25 that doesn’t even pay my rent so the idea of being on unemployment for any length of time would surely bankrupt me as I live out of a cardboard box and I heard the rent for them is insane these days too

The other secret way out, severance, using the number I stated 300/wk which is far from livable well anywhere, an employer offers a severance will say 4-6 weeks salary, but as a condition of your severance you sign a binding agreement stating you will not seek unemployment benefits. 4-6 weeks gives you enough time to move on to a new job and they get to cut ties with you completely without a long winded battle, you file unemployment they bring a copy of your agreement stating you will not file unemployment it stops there.

Source - I have a friend who works for the DLI in another state, and I talk to unemployment caseworkers from multiple states on a daily basis, you learn some stuff

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If you are terminated for cause, it’s called being fired. If not, then you are laid off. Some states let you collect uib when fired after a waiting period, i think ca doesn’t even have a waiting period… not sure. But my state has no uib of you were fired for cause. The problem is cause is very nebulous. Ever heard the saying, “show me the man and I’ll show you the crime”? Show me the employee and I’ll show you the cause.

Yeah, but they can always find cause. Even if it’s thin.

What state are you in?

Yeah, i used to work for the state, in welfare then child support so I’m pretty familiar with uib in my state. The biggest reason i don’t even want to go there is… uib over paid me during the pandemic, their mistake… buy some 9k to 12k, not exactly sure… and they are dragging their feet trying to get me a hearing after not telling me i had one and just called me for it… like I’m going to answer my phone while I’m at work. sigh

For me. The best part of all this? Im stressed, mentally exhausted, and starting to get a headache… but have not had a single thought of wanting a shot or sneaking off to the store to grab a bottle.

Bring it on! I got this mother f*cker!!!

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I do agree but that can cause problems too if someone wants to hire a lawyer. I’ve seen it done. And often the employee wins.

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That’s good to hear. I guess we’ll see what happens…