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Question about an employer objecting to me getting unemployment, after being fired?

by tom44 on August 21, 2012

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Question by papasteve: Question about an employer objecting to me getting unemployment, after being fired?
Ok, here is my side. When I was hired at a Nursing home it was my first job since I got my lic: as a CNA. I was told I would work the 2pm-10pm shift. On the day of my orientation I was told I had to work the 3rd shift, for the first 2 weeks, because the employee recently quit, and it would take them 2 weeks to find another 3rd shift person. I said ok, I can deal with it, but I also said I would prefer the 2nd or first shift as soon as it became available,. They said ok. I went to work, and the first week was hard, but I survived it until I got on that schedule. Policy was we got a 30min. meal break, and 2 – 15 min breaks. Now most of the time all cna’s did not get our 15min breaks, and half the time we were lucky to get 15min on the run to eat something. On few times we got a 30min eating break, I would go to my car and nap for my meal break. a few times, it was raining, and I napped in the employee cafeteria, on my meal break. We are allowed to leave for meal breaks, and so we are not responsible for the patients when we are on break. So I did not think it mattered if I eat or sleep on my break.

Now the only trouble I had with anyone, was I questioned them telling me not to answer call lights until I was given a set. And a set is a set of rooms. You could have 8-15 rooms, and 1-2 people in each room. I would start at 10pm, and answer any call light after I set my cart up. But the nurses waited until 10:30 to make up the sets. Also. being my first job, if another cna was busy I would answer their call light, mainly to keep busy. I was yelled at. and told not too. I was also told by other cna’s I spent too much time talking to the patients. Some were scared, and again I tried to keep busy. So I told the others as long as my duties were done, well, and on time, why would it matter if I talk to a person who is lonely. There was not a day I worked that another cna did not sit in a chair and nap for 10min here and there, or longer. I only napped on my break. And away from the patients.
I just continued my work, and tried to be friendly, and do what they wanted to a point. Now there is a radio on one of the floors that everyone used up there, and a TV which was also used sometimes. I worked there half the time. on another floor there was not a radio. but a TV. after 3 weeks I brought in a radio, Dc player, and brought calming music. Karen Carpenter, Billie Holiday, Barry Manilow. And turned it on once for 15 mins. when I did my paper work, while others were still doing tending to their patients. I got a call light and went to answer it, when I came back my radio was tied up, and put in the corner. I got the hint, and put it away, and took it home.

The only thing that in some way could be wrong is cna’s are to get up 2-4 people. And in 27 days, I usually got up 4 people, and twice I only got up three. Once the patient hit me, and refused to get up, which I reported to the nurse. The other time, I had a patient who went #2 after I got him dressed, and had to undress him, give a bad bath, and redress him. So by the time I was done It was 5 min before the end of my shift. Both times I offered to stay later and get the one person up, and get someone else up instead before I left, and was told not to bother. They did not want me to work any overtime.
Note: beside telling me not to answer a call light in someone elses set, tying up my radio, I never recieved a verbal, or written warning, or reprimand. And there was not a day I worked, that when I was done with my work, I asked the nurse, and other cna’s if they need any help. I also from the start I asked the cna’s, and nurses, that please tell me if I can do something better, or tell me if I am doing anything wrong. Except for the not going inorhter sets, and talking to patients too much. I got no feed back of doing anything else wrong.

Now, I found another job so after a month I was no longer on unemployment, but the nursing home is still fighting my claim. I do not know what there problem, is. Or what they want now. I did get 6 weeks of unemployment, but its been over for 5 weeks. I had a court date, and the nursing home was caught in a lie, and was aproved. But my unemployment ended 2 weeks before the court date. Now it has been 6 weeks, and the nursing home is appealing my case. If they win, which I do not think they will. what will happen to me. And since I do not think I did anything wrong, Can I file a suit against them to trying to hurt my reputation?
In the head nurse who fired me, deposition she said the main reason was I brought in my own radio. Then added she caught me sleeping on the job. But later admitted she lied, that she was told another co-worker caught me sleeping, but she did not mention it was on my break. But when I was fired I was told because it was during my probation they did not have to give a reason.

Best answer:

Answer by Enigma
Yes you can

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2 thoughts on “Question about an employer objecting to me getting unemployment, after being fired?

  1. jobbend says:

    Were you fired? Or did you quit? Unemployment is basically based on three things:

    1. You are not working through no fault of your own (fired, laid off, or “quit with cause”)

    2. You are available for work.

    3. You are actively seeking work, and have not turned down work offered to you.

    If you were fired:

    * There is generally a one week “cooling off” period where you are not eligible for benefits from the date you apply. So if you applied the day you were fired, your benefits would have started the following week if approved.

    * You would have been eligible for benefits if you met all of the above criteria. Your employer can appeal the decision of the state to awarded you benefits.

    * If they do, they must prove that you are ineligible. If they prove that to the state – you may be required to pay back what you received.

    If you quit:

    You can still apply for benefits – and may be awarded benefits by the state. But your employer may appeal the decision. You would then have to prove why you are eligible for benefits, or you would likely be required to pay back any benefits received.

    Regarding filing a suit to protect your reputation: Unemployment cases are not about reputation. They are about the facts surrounding you not working, and why you were terminated. They are generally not made public – and because they are part of the legal system are not considered slander. But, if your former employer goes out publicly and slanders you to other employers, the public or your current employer you should contact an attorney to understand your rights/responsibilities around that.

  2. Dr. Snark says:

    This is a very long story but you never mention why you actually lost your job. What was the reason given? None of the rest of the information you gave is relevant to your unemployment.

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