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Question
Dear Mr. Yancey,

My husband worked in management for a distribution center for a major retailer for 13 years was recently terminated.  In the last year there was a change in senior management, and it became clear that they no longer wished my husband work for the company.  They held him to unrealistic standards that they didn't hold to anyone else,  didn't acknowledge any of his accomplishments, then gave him several write ups for poor work performance.  The day his boss terminated him he was told it was because of his poor performance and was asked to leave.  

In this same discussion however he thought it was odd they talked about how wide a red stripe was painted on the floor near an exit door.  My husband was surprised they brought it up - it was in a different section of the building that he worked in and ultimately the responsibility of the maintenance department.


There were no papers to sign about the termination, so he just left.  

He recently applied for unemployment was told that his company was fighting his claim.  He is to have a conference call with someone from our local unemployment office and a representative from his previous company on June 17th.  We wanted to find out his rights before the call.

We only have two ideas why they would fight the claim:


Idea 1:  The comment that was made his last day about the red stripe on the ground  - could they possibly consider something so subtle "gross misconduct"  saying it was a safety concern?

Idea 2: Also he did receive 7 weeks vacation pay, that he reported when he filed for employment, and was noted on a statement received.

Would any of these two scenarios justify the company not to pay unemployment?  Are there any other subtle reasons companies use to get out of paying? We live in virginia if that makes a difference with the laws.

Early on when my husband worked for this company he worked closely with the hr department.  Someone there once said they almost prided themselves on not paying unemployment.  It sounds like they are pretty good in finding ways around the system.  So we are not surprised this is happening.  

Any input would be appreciated.

Thanks,

Missy  

Answer
Hello Missy,

I apologize for the delay.

Remember my response is intended for educational and informational purposes only. I'm not an attorney nor is this response legal advice. If you need legal advice always contact a qualified attorney. Please review my specific disclaimer;

==> http://www.you-can-learn-basic-employee-rights.com/disclaimer.html

Your Question:

"My husband worked in management for a distribution center for a major retailer for 13 years was recently terminated.  In the last year there was a change in senior management, and it became clear that they no longer wished my husband work for the company.  They held him to unrealistic standards that they didn't hold to anyone else,  didn't acknowledge any of his accomplishments, then gave him several write ups for poor work performance.  The day his boss terminated him he was told it was because of his poor performance and was asked to leave.  

In this same discussion however he thought it was odd they talked about how wide a red stripe was painted on the floor near an exit door.  My husband was surprised they brought it up - it was in a different section of the building that he worked in and ultimately the responsibility of the maintenance department.


There were no papers to sign about the termination, so he just left.  

He recently applied for unemployment was told that his company was fighting his claim.  He is to have a conference call with someone from our local unemployment office and a representative from his previous company on June 17th.  We wanted to find out his rights before the call.

We only have two ideas why they would fight the claim:


Idea 1:  The comment that was made his last day about the red stripe on the ground  - could they possibly consider something so subtle "gross misconduct"  saying it was a safety concern?

Idea 2: Also he did receive 7 weeks vacation pay, that he reported when he filed for employment, and was noted on a statement received.

Would any of these two scenarios justify the company not to pay unemployment?  Are there any other subtle reasons companies use to get out of paying? We live in virginia if that makes a difference with the laws.

Early on when my husband worked for this company he worked closely with the hr department.  Someone there once said they almost prided themselves on not paying unemployment.  It sounds like they are pretty good in finding ways around the system.  So we are not surprised this is happening."

Several questions come to mind....

1) Is your husband in a protected class(es) ie. person of color? over 40? have a physical or mental disability?

The change in management is a red flag that may be associated with the previous question.

2) Were his job evaluation ratings consistently satisfactory or better for the majority of employment?

3) Has he consistently documented any questionable employment or business practices?

I would review my ebook which for your situation I'm providing free as an attahcment. It is a wealth of info on Basic Employee Rights protection. Starting on page 42 it deals with the "Unemployment Claim Trap"

===> http://employeerightsguide.com/WorkplaceRights

Your husband may have a claim for discrimination. A qualified employment law attorney will provide the best assistance in determining what type.

I hope that helps,

Yancey thomas Jr.
Get Workplace Bullies Off Your Back!
http://ytdeomsite.com/overcome-bullying  

Employment Law

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Yancey Thomas Jr

Expertise

General employee rights relating to ADAAA,FMLA,Employee Performance Reviews,Sexual Harassment,Workplace Discrimination,Job Interviews,Workplace Violence,Workplace Privacy,wrongful termination,drug tests Non Answers COBRA (Consolidated Omnibus Reconciliation Act),USERRA,OSHA,Workers' Compensation,Federal Unemployment Tax Act,Equal Pay Act,The Wagner Act,EEOC,NLRB

Experience

16 years as an employee rights educator, coach, trainer, activist and advocate. Several of my websites and blogs, www.You-Can-Learn-Basic-Employee-Rights.com, http://EmployeeWorkplaceRights.com and http://EmployeeRightsGuide.com rank highly in all four major search engines, Google, Yahoo, Bing and Ask for the keyword “basic employee rights”, “employee workplace rights” and “employee rights guide”. The websites also rank on the first page of the search engines for various other keywords related employee rights topics. These unique site receive 20,000+ unique (new) visitors monthly from all over the world.

Education/Credentials
Tennessee Supreme Court Rule 31 trained in mediator/neutral specializing in conflict resolution of general civil, business and employment issues. Also certified in mediation including the Alliance for education in dispute resolution and Cornell University.

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