My company had me down as a resignation and not a invol term due to lack of work

[xultar]

I found out when I called to get the amount of my COBRA subsidy...


What underhanded bullshit were they fucking trying to pull? Anyone been through something like this?

[leftygolfer]

1. never heard of such a thing

sue their lying assess off

[Ian David]

2. Yes. What they've done is illegal. n/t

[xultar]

23. I am finding out very quickly how low down fucked they are. I had no fucking clue.

[babylonsister]

3. fwiw, we have proof positive you didn't resign.

I hope you got it worked out. Can't believe they'd try to pull the wool over 'your' eyes. That's dangerous! :hug:

[prolesunited]

4. They're trying to get out of paying unemployment

Start fighting now. I hope you have some documentation.

[DURHAM D]

5. EXACTLY. nt

[xultar]

16. Fucking bastards. I need to report their fucking asses. Grrrrr

[Dappleganger]

28. Bingo! Employers do that all the time down here in FL. nt

[Gman]

You most certainly and assuredly are laid off as there was no work

They are also probably trying to stop an unemployment claim too. Talk to your state department of labor or workforce commission, or whoever manages your unemployment issues. As long as you make yourself available for work (i.e. show up to work), you fulfill what is required of you. If the employer does not have work for you, then he lays you off. It's that simple.

As for COBRA, are they saying you're not entitled to COBRA? I believe (unless something has changed) you are as the reason you left your last work does not determine your eligibility for COBRA.

[REACTIVATED IN CT]

9. You're right GMAN . It does not determine her eligibilty

for coverage - but it does determine whether she is eligible for the ARRA subsidy.

[Gman]

11. Ok... I didn't know how that worked with the subsidy

but then since apparently the subsidy is connected to the reason you left your last employment, surely there is an appeal procedure. I'm wondering if the same department that administers unemployment comp would also make this determination.

[REACTIVATED IN CT]

40. There is an appeal with the Federal DOL

Unemployment would be administered by a State Labor Dept. agency

[xultar]

18. GODDAMNED STRAIGHT...$500 a month versus $325 you bet your ass

[ashling]

12. I think that she is talking about the COBRA subsidy

through the stimulus for becoming unemployed involuntarily.

[xultar]

17. Well I was calling to get my rate for the subsidy. And suposedly that is why

they didn't fucking put the paperwork in is because I supposedly resigned thus not qualifying for the subsidy.

They are fucking looney bin shit eating rethuglican bastards if they think them laying me off due to lack of work and then sending me a goddamned $800 dollar bill for my first cobra payment and subsequent payments of fucking $500 a goddamned month wouldn't make me go for the muthafucking subsidy.

I bet those fucking bastards were also thinking that the subsidy extension wouldn't pass because that fucker had it held up until the 11th.

Oh my god I'm going to open a can of whoop ass on those fuckers to the likes of which they have never seen.

[Donnachaidh]

6. And you're in Georgia?

The right to work laws down here make employers think they can do fucking ANYTHING.

[OneTenthofOnePercent]

7. Did you sign any paperwork at the exit interview?

Are you positive that NOWHERE in any paperwork did it say "I am resigning"?

Hopefully, this will not effect your COBRA or your unemployment.

[xultar]

20. I didn't sign shit. AND THE FUCKER DID THAT SHIT OVER THE PHONE..

What does he think I wouldn't fucking find out?

Ohhhh Can of whoop ass poised to fucking spray a prison style beatdown on a fucker.

[8 track mind]

8. been there

just recently as a matter of fact. fucking assholes fired me because it was cheaper than laying me off. i had the money i would have sued

[SoCalNative]

13. You can still collect unemployment if you're "fired"

as long as it wasn't for cause

[8 track mind]

24. thats part of the deal that was so dirty

if i didn't take them to court, they wouldn't contest unemployment or my health care. And right now i really need the health care. The whole fucking deal stinks. 10.5 years of dedicated service over in a few minuets. Like i said, if i had the resources, i would have sued them for everything it was worth.

[xultar]

29. Which is why rethuglican bastards want tort reform. the fucks

[8 track mind]

37. the fucker that shit canned me

is a major anti-union, holier than thou, republican piece of shit. He was fucking pissed when Obama won. I think the bigger issue is that we need the employee free choice act.

[xultar]

39. Do you think that will happen in Obama's presidency?

[8 track mind]

42. good possibility

But, we need a vastly more progressive house and senate to make it happen. These corporations cannot keep abusing the working man. this has to end sometime. It will be a new day in America when it comes to pass

[Scout]

33. i did ... 6 months unemployment ... i heard they were REALLY pissed!

hahahahahaha! too fucking bad, shouldn't have fired me you asswipes!!!

that's for you Rob Nowak, kiss my fat white ass you shitstain! and now i have a better job, hahahahaha :rofl:

[ashling]

10. Have you filed an unemployment claim?

If is denied on these grounds you will have a forum in which to take them on as you have a right to appeal that denial.

I'm not sure about challenging on the stimulus subsidy.

[Gman2]

14. Think that is bad, a co I worked for, and was laid off, told a sibling co,

that I applied to, that I was fired. Needless to say, I was not hired.

Another co I worked for, I was laid off, and the guy that worked for me, who was married to the office manager, would tell anyone that called for a reference, that I was scum. I didnt work for a year and a half. He came to my job, looking to get hired, I told his crooked fat ass, that he could just get the fuck back in his car. I should have dropped him.

[xultar]

21. I would have put my foot so far up his ass my glasses would have needed a wash.

[Tippy]

15. MY advice to everyone get EVERYTHING in writing with a witness

[pitohui]

19. depending on job you can report them to national labor relations board

maybe this is only jobs that pay by the hour but in my husband's field you would get VERY quick action if you reported a violation to the NLRB

if you were an "exempt" employee you might need to ask an attorney

[renate]

22. good luck

I wonder whether any of your posts from here, when you were so worried the day before that the layoff was coming, could be used as written evidence that you had no intention of resigning, especially if your former employer doesn't have anything showing that you did.

Sheesh... to have to deal with this on top of the stress of losing your job... :puke: I hope you get this sorted out soon.

[kenny blankenship]

25. Employer based insurance will never be fair to employees

We have to face the fact that our insurance system is used against us by employers, then the fact that the insurance companies themselves do nothing to make people well -unlike doctors, hospitals, and yes drug companies- and they profit best by denying the care we have contracted and paid for.

It's a system of exploitation and you can't nice it to death. It has to be ripped out and replaced, sometime.

[Gormy Cuss]

26. If they don't fix the separation status IMMEDIATELY, call a lawyer.

If you get satisfaction on the phone, follow up with a letter confirming the details of the conversation. That, if they don't counter it, makes it official.

If you don't get it fixed via the phone, write a letter TODAY detailing the circumstances of your separation and mail it to the employer asking for a correction. This will be the first document in your file for the lawyer.

[xultar]

27. Thanks. I had to peel my skull off the ceiling because I blew my stack.

Now it is time to put your good advice to work.

Thanks
x

[meeshrox]

30. Last year...

my hubby showed up to his full-time salaried professional job and they told him there was no work for him. They asked that he come back in a week and to take a week "vacation"...when he returned they asked why he was there. They told him that he could resign or take another week of vacation and see if they had work for him after. So, he resigned. I fought him every step. I told him from day one to start looking for a job and meanwhile, force them to lay him off. They got out of unemployment insurance, etc. and actually CALLED him, with the corporate HR lady on 3-way, to badger him into admitting he left on his own free will. He told them what they were doing was illegal, but wouldn't pursue them. He didn't want to deal with it. He (VERY luckily) found another job at a better office two weeks later...

It could have been a mistake made by your company, but I'm not inclined to believe that in this climate. I would report them to at least see if they've done this to anyone else.

Edited to add: should have read the whole thread :blush: I see you're taking care of shit already...

[xultar]

34. Are you fucking kidding me? I cried like a baby. I'm gonna lay shit on the fucking line.

They got busted lying and deserve to be raked over the coals.

I'm going to Lowes to purchase the rake.

[meeshrox]

36. I am 100% behind you...

go get em!

:grr:

[WeekendWarrior]

31. I believe you have a lawsuit on your hands. nt

[ecstatic]

32. The unemployment office usually sides with the employee

so file your claim and appeal the results if necessary, but it shouldn't be.

[xultar]

35. Why woulda single person resign from a job to do nothing with a mortgage, 5 dogs

and 2 cats to take care of?

What idiots

[anigbrowl]

38. Get it in writing

It's a bureaucratic issue, and in bureaucracies if it isn't on paper it doesn't exist. They can send a letter making the same claim that they made to you on the phone, but if they don't have a resignation letter or your signature on something that says the same thing, then their claim won't hold up.

do it all in writing. If they tell you to call or whatever you just write back that you prefer to maintain written records. I adopted that policy when I was having trouble dealing with my bank a few years back and it made things a lot easier.

[joeybee12]

41. They want to have a reason to deny you unemployment...write a letter

certified to HR, demanding it be changed and to notify you of that change...put as much detail into the letter as you can...have all that ready when you apply for unemployment.

[MrsBrady]

43. time to get a labor lawyer....now n/t