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pro bait · #1 10-04-2009, 03:47 PM

I was wondering if any of you could help me out.
My situation is: bank fraud: 5 years probation with 1 year electronic monitoring. I did the year with the band, no problems. I was told this counts as one of the 5 years. I was doing good at work and all and both my POs were talking early termination (we were and are on surprisingly good terms). Then the owner of the company accused me of lying to him. I did, mistakenly, give him wrong information, over a trivial matter. I apologized, profusely. I was suspended for 2 weeks. I was told that they still wanted me to work there, at the same job. I went back for one week, then got fired that Friday for the original and (isolated) incident. I entered an unemployment claim, on the advise of my PO. I am 2 weeks in and have not found a job. I send out resumes every day and keep a log of my job search.
My questions:

Should I wait until I am re-employed to set up a meeting with the judge about early termination? Or should I cite my increased odds of employment with the freedom to travel and/or move as part of my case for early termination?

Likewise, the employer has said they will appeal the unemployment claim. I am concerned about going before a panel and being found a liar on public records. Would it be better just to withdraw the claim?

Any advice would be much appreciated.

aba · #2 10-04-2009, 08:53 PM

If you are on good terms with your probation officer and thoroughly explained the situation to him/her, then maybe he/she will support your request for early termination. However unless you've completed about half of your probation I think it's unlikely that it would be granted. But more important, perhaps your PO will write a letter stating that he/she believes and supports your version of what happened as to assist with the unemployment dispute. If you really are the victim of a misunderstanding, and your PO believes and understands that, then to have a federal probation officer back you up should protect you from being denied unemployment benefits for cause. I would just be totally honest with your PO and see what he/she recommends and then follow his/her advice because that person controls your destiny anyway for the duration of your probation whether it's terminated early or not. Good luck.

Stangloverswife · #3 10-04-2009, 10:30 PM

I wouldn't withdraw the unemployment claim. The worst it will do is get denied. It wouldn't have any negative impact on you, which it seems like that' what you are concerned with on that matter.

aba · #4 10-04-2009, 10:33 PM

Stanglover....thanks! you always seem to keep the thread focused especially when i start getting off topic. hope you and your husband are doing well and had a nice weekend!

PTO-97580 · #5 10-05-2009, 05:46 AM

One of the reasons for denial of unemployment benefits is misconduct. If you fight it and lose there will be a public record that could indeed make it harder to find a new job depending on the type of work you are looking for.

If you are convinced you are going to lose the appeal I would definietly consider withdrawing it. Not saying you should for sure, only you know the circumstances of the dismissal. Just saying you should give it some thought

Stangloverswife · #6 10-05-2009, 05:50 PM

Quote:

Originally Posted by outraged

One of the reasons for denial of unemployment benefits is misconduct. If you fight it and lose there will be a public record that could indeed make it harder to find a new job depending on the type of work you are looking for.

If you are convinced you are going to lose the appeal I would definietly consider withdrawing it. Not saying you should for sure, only you know the circumstances of the dismissal. Just saying you should give it some thought

Is that something that is varied from state to state? Because I was very much under the impression that wasn't how it worked in Texas. In Texas, if a job calls another job for a reference, the job can ONLY verify two things - 1.) is the candidate rehire-able? and 2) are the dates of hire correct? I know because I've worked in a position where I hired people, and where people called me for references.
Like I said, I don't know if that's something that varies state to state or not, butI know that's how we did it.
And if the employer already believes that there was misconduct, they are probably already unrehireable...

Just my two cents. Like I said - it could be done different in different areas...