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Approved for UC, Boss offered job back upon signature of letter

Discussion in 'Unemployment Insurance & Benefits' started by kelleybellybean, Sep 22, 2018.

  1. kelleybellybean

    kelleybellybean Law Topic Starter New Member

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    Jurisdiction:
    Pennsylvania
    My employer found out that I would be leaving the job in six months to move to another state before I could talk to him myself. He used his anger about that to call me into his office about attendance even though I follow every rule they put forth (e.g. giving plenty of notice, a doctor's note, using only time that I have paid into for sick leave). While I completely understand that he has every right to do so, he put me on leave until we could "come to an agreement about my attendance" and tried very hard to force me into resignation. Even though I had virtually nothing to offer, I emailed him back the next morning with a plan of action, and didn't hear from him for over a month. I applied for UC since I wasn't sure where I stood, and now he is suddenly very anxious and harassing me to sign a document that essentially says that if I'm out sick again they will fire me and a few other paragraphs on how my absence was detrimental to the company, ending with a reminder that PA is an at-will state and they can still fire me at any time for any reason. My work performance is exceptional (per my coworkers and the people I work directly under), and it makes me exceedingly uncomfortable to sign a paper that states otherwise. There is no promise of my original hours or compensation within the letter, and I worry that I will be walking back into a hostile situation. While I'm not sure I can walk away from the money I would ultimately make, I suppose I just want to know if I'm doing something terrible by signing that letter, or if I could even receive UC if I don't return to a job that was offered to me (considering I am supposed to be "willing and able to work" via the approval documents I received. The letter says nothing of my imminent move and only speaks of my attendance. Any help would be amazing.
    Thank you
     
  2. army judge

    army judge Super Moderator

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    If I were you, I'd continue with the UI claim.
    Signing his letter does NOTHING to benefit you.
    The relationship has been irrevocably damaged.
    If you sign, you'll probably be fired within a week or two of returning.
    You were effectively laid off.

    Why return to be battered, belittled, misused, and mistreated?

    Face it, it's over.

    You're out, don't be sucked back into the abuse.
     
  3. kelleybellybean

    kelleybellybean Law Topic Starter New Member

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    Could I even continue with my claim if they offered the job back to me? Knowing the owner, he would certainly contest the claim if I "resigned", because he did attempt to remedy the situation, no matter how poorly.
     
  4. cbg

    cbg Super Moderator

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    If you are offered your job back and refused, I would expect unemployment benefits to be withdrawn.

    On the other forum where you posted this, I asked you a question. It was recently enough ago so that you probably haven't had time to see it yet, so I'm not complaining that you haven't answered. Please identify exactly how much time you have missed in, say, the last six months. I'm not asking if it was approved or unapproved; whether you followed the rules or didn't; what the reasons were; or anything at all except the number of times you called out in the last six months. We'll deal with the other issues later - this is fact finding. I'm working on something specific here.
     
  5. kelleybellybean

    kelleybellybean Law Topic Starter New Member

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    Yes! I just replied, and I'll post that reply here as well:
    Per the letter, he claims I have been absent 17 times, but my own records (since we have to text or email in whenever absent) bring me in at 9.

    Now, with the work environment we are in, that is nowhere near the highest number in the business, and while I completely understand that I can not compare myself to the other employees, it seems hinky to say the least that there are specific employees who constantly come into work smelling like booze or calling out for a hangover. While I can't prove any of that, it does make me question the point of an employee handbook that we are all supposed to comply with. Also, when the last two employees resigned to change careers, the owner held a mandatory store meeting in which he disclosed incredibly private and personal information given to him in confidence, negatively ranting about both employees for two hours. Needless to say, I didn't want to disclose any personal information until our move was concrete.

    Again, I know the world is unfair, but I just wanted to add more to the situation.

    Thank you!
     
  6. army judge

    army judge Super Moderator

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    Ultimately YOU, and YOU alone, must decide what is best for YOU.

    You missed time from work.

    I think I read that the time off was forced by the employer, not your choice.

    That time off, one could argue was a "lay off".

    One might also argue, it was disciplinary.

    I don't know, nor do I need to know.

    If I were you, I'd find another job until I relocated.

    In all likelihood, if you return to work for the "beast", you'll probably be fired withn a day or two after returning.

    After all, it is just a job, not a career.

    These days employers are looking for eager workers.

    If you're somewhat industrious, you could have new employment within 24-48 hours.

    The decision what to do is yours.

    I wish you health, happiness, wisdom, and success.
     
  7. cbg

    cbg Super Moderator

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    9 times in six months is a lot. I would expect most employers to have trouble with that. And you don't know what disciplinary notices or warnings are in other employee's files - you only know that they were not disciplined publicly or fired. As you were not.

    All that said, in an ideal world, what would you want to see happen now?
     
    cynthiag likes this.

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