Part-Time Job Unemployment. Can I has money?

[Meresgi]

So I just went into a meeting and was put on unpaid leave from my part time job. Granted it wasn't that great paying, but it was a paycheck, and I live in a horrible area for any jobs (Unemployment rate is around 12% or higher).

My question, if I worked at the job for almost 6 months (Was hired 2nd to last week of September but didnt begin work till October 1st) is there a chance to receive unemployment? I live in New York state, so reading up on the unemployment charters gave me really no information other then a ton of "What ifs" and other legaleze.

Spoiler: show

The reason I was put on unpaid leave was due to the fact that I supervise mentally handicapped clients while they do janitorial work. Recently the employer, the local newspaper, has begun complaining about the way the cleaning is being done (even though its the same as previous months where it was fine and great). I stepped up my game, got them to clean better, and yet they still want to complain about the cleaning. I requested a staff member to give me a tour and show me how to do it correctly and they just ignored my requests 4 times while turning around and bitching again and again. So now, my employer wants to fire me because they are afraid the mentally handicapped clients might lose their jobs

Put the full story in spoiler, as its semi long and mostly a rant.

[scrockstar]

You have to be able to prove that you are unemployed through no fault of your own meaning that they will contact your previous employer and inquire about the reason for your termination. Sounds like your employer would claim that they fired you due to job performance (justified or not). There are other requirements that very by state but that is the big one I see being a problem for you.

I've actually been contacted regarding a former employee at my company and got a detailed explanation over the phone.

[Yabby]

It's state by state. Here in MI the burden of proof lays with your employer, more so then yourself. And you would have to be acting in conflicting interest of your employer to fire you (IE Stealing, not showing up to work,etc). And with those, they need to have proof that you did those things. If it is your word against their's, default goes to you.This is in MI tho, so not sure how it is in your state.

[Melena]

It's the same with California. When I got let go from EA the labor board actually through my termination and a few others over the previous months found out they were not being truthful with the terminations and I wound up getting approved even though my termination was "performance based"

[Meresgi]

Hmm, one of the things I did pick up on NY's website was that performance based termination wasn't a grounds for not getting unemployment. I guess my only proof would be to tell/show them I had tried my best to get coaching from the employer on how the job should be done and they refused.

It makes me wonder because recently in the paper my employer came underfire and lawsuit due to firing someone because they were gay.

[isladar]

Are you gay?

[Meresgi]

Are you gay?

Depends how much I could get in a lawsuit. I'm willing to take a swing for the other team once.

I'd have to buy better clothes though, no one would believe it with what I wear now.

[Pikarya]

Have you worked in the past 5 quarters (including Q4 09)

[Meresgi]

Have you worked in the past 5 quarters (including Q4 09)

No, was hired in September 2010, and got put on unpaid leave today.

[Pikarya]

Going with a 90% no on this one. Regardless of the legal he/she said, and even if you qualified in some lucky state for UI. You're weekly benefit would probably be next to nothing.

[Tetronimo]

Going with a 90% no on this one. Regardless of the legal he/she said, and even if you qualified in some lucky state for UI. You're weekly benefit would probably be next to nothing.

This. It mostly sounds like you may not have worked there long enough. I know someone who was awarded unemployment after getting fired over a drug test, so I doubt your. Termination reason would be any worse than that. It was in VA though, not NY.

[aurik]

It's the same with California. When I got let go from EA the labor board actually through my termination and a few others over the previous months found out they were not being truthful with the terminations and I wound up getting approved even though my termination was "performance based"

A few years back I got a piece of a class action settlement against EA for improper unpaid overtime. Why am I not surprised that EA is pulling stunts again.

[Zeb]

Just go here and fill it out. Doesn't hurt to try. https://ui.labor.state.ny.us/UBC/home.do

[Meresgi]

Thanks for the input, gonna try cause what the hell. Gonna have to go apply for medicaid and HEAP and all that good shit now anyways since finding a job here is almost impossible.

[Melena]

A few years back I got a piece of a class action settlement against EA for improper unpaid overtime. Why am I not surprised that EA is pulling stunts again.

This was many years ago Aurik, I worked there from 99-02. Though it does scare me though at times i'm still mentioned in the testing/cs departments -_-

[Ksandra]

A few years back I got a piece of a class action settlement against EA for improper unpaid overtime. Why am I not surprised that EA is pulling stunts again.

EA is a piece of shit to work for. Some people here have told me they've gotten better (I never worked there but they hire a lot of people from my husband's college when they first graduate so we know quite a few people who were in the art departments). But according to hubby's collegemates it's still shitty. Now they all just go to his company instead. XD

[Melena]

They've done a lot of consolidating since I left. When I was there, my biggest form of Overtime was doing CQC testing before a game went gold. Now they just have a full time CQC department that works 9-5. Also unless your game is 6 months old or newer, you get to talk to someone in the phillipines for support. Bout the only thing I miss from working there is Free Beer Friday.

[Meresgi]

Filed my claim, the guy I spoke to did not mention I would not be able to receive any benefits even from part time work. Granted I did work full time leading up to September with a lull in employment around July/August.

He did have me fill out a form though stating im in college for training for a degree in a field I want a job in. And if they approve it, I can possibly receive my benefits for a year w/o having to look for work each week. Might give me some breathing room while I look for an actual good job and not just jump into flipping burgers.

[Zeb]

Filed my claim, the guy I spoke to did not mention I would not be able to receive any benefits even from part time work. Granted I did work full time leading up to September with a lull in employment around July/August.

He did have me fill out a form though stating im in college for training for a degree in a field I want a job in. And if they approve it, I can possibly receive my benefits for a year w/o having to look for work each week. Might give me some breathing room while I look for an actual good job and not just jump into flipping burgers.

Ugh. When I was on unemployment down here in Florida, the only schooling they'd help with was in "certification jobs" on their approved list. Like Pharmacy Technician, Nursing, CDL. Leaned to hate the phrase "We'll even help you with school."

[Meresgi]

So new development question. Just got a call from HR they want to have a meeting. I'm getting the sense they are going to try to transfer me to one of the mental houses they have, where you have to basically tackle people, spoon feed then, wipe their asses and all that shit.

Which i'm not going to do.

So question, if I decline a transfer can I still draw unemployment? I mean its not what they hired me to do in the first place.