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Boss says that I quit, and I never quit! Can I get unemployment? Help please!

Hello!

I was employed at my previous job for almost 8 years. The past few months have been difficult due to co-worker confrontations and such which I brought to my boss' attention, and as far as I know he did not address. Also, my boss is (in so many words) accusing me of stealing by deleting charges from the system and taking cash for them. My boss AND his wife (who is NOT employed there and has no title) have contacted me at work and after work hours about this and other issues they have many times. Every time I spoke with them they accused me of lying and all but straight out saying that I was stealing from the company. They worded it as "Well if it wasn't you, then you need to write a statement or testify about who it was and what you saw" because they are trying to pin some of these accusations on a different employee they just fired a few months ago as well.

As of the last week of December, I had a verbal agreement with my boss that I needed to take a few weeks off so I could save up some money to put my (then 7 month old) now 9 month old baby in day care so I could work. My husband was previously watching her so I could work full time, but he recently got a job. I had discussed with my boss that my husband hadn't had a job in 3 years so this was a huge opportunity for him, my boss agreed and told me to come in when I could to cover shifts for people, and to let him know when I would be able to work more often. No problem. They have always been very family friendly/oriented up until a few months ago.

I recently dropped off some food stamp paperwork for my boss to fill out and was very surprised when I received it back. There is a section that says "reason for termination" and it says "quit without notice on 12/29/11" and another section that asks temporary or permanent and my boss selected permanent. I NEVER QUIT!! I have called the office multiple times and left detailed messages asking him to call me back about what he wrote on the paperwork and I have heard absolutely nothing back.

My question is obviously, can I file for unemployment? I know he will fight it, so do I tell all the specifics then?

Thank you so much for your time and help!!

1 answer  |  asked Feb 14, 2012 11:52 AM [EST] in Wrongful discharge  |  applies to Florida

Answers (1)

Phyllis Towzey
Yes, you should file for unemployment. You can do that online. State that you needed to take a few weeks off work for personal reasons and your boss agreed and said you would be able to return to your job, but now apparently your boss has replaced you and is telling third parties that you quit.

Do not claim the weeks that you did not intend to work anyway (i.e. the weeks you requested off work to make daycare arrangements), but do claim the weeks from when you were able to go back to work.

State that you did not intent to quit and had you known you would lose your job from taking a few weeks off you never would have taken the time off. You only took the time of because your boss said it was okay.

If you are denied unemployment, appeal it, and at the hearing when you testify make sure you say all of the above and also that you say as soon as you found out you apparently didn't have a job anymore, you made multiple attempts to contact you boss to find out what happened.

Good luck!

posted by Phyllis Towzey  |  Feb 14, 2012 12:22 PM [EST]  [ Best Answer - selected by asker ]