What are your thoughts on my friend obtaining unemployment in Virginia...?

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What are your thoughts on my friend obtaining unemployment in Virginia...?

Post  sunniedayz2008 on Mon Dec 01, 2008 6:16 am

Hello,
I am writing regarding a situation that happened to my friend. She was employed with a moving company and was recently fired twice in one week. The first time she was fired the Manager told her it was due to a lack of hours and since she had to many employees on the payroll, she had to let some go or else she would go over on payroll and not make bonus.

Conveniently, she fired the employee after the former employee whom also lived in her residence contacted the police for safety reasons while removing her belongings from the residence. She told employees that the reason the former employee was fired was to get back at her for contacting the police of which the landlord found out jeopardizing their lease.

During the move, the manager had previously given the employee authorization to use a company truck which the employee had for 5 days but without a contract. The manager told the former employee that all she would need is a truck tag because she believed the truck was to be put up for sale.

After firing the employee the day the employee moved out of her home, the manager failed to report the action to the marketing company.

Two days after being fired, the employee was again fired, this time by the marketing company for unauthorized use of a vehicle. In addition, the Manager who was still realing about the police being called was now livid that the employee informed the marketing company of her drug use. The manager even went as far as calling the police reporting the truck as stolen.

The former employee, returned the truck the same day which she had already notified them of prior to the Manager calling police and turned herself in as a warrant was issued for her arrest. Since this time, the felony charges have been dropped.

The manager was subsequently terminated due to drug use. However, if the former employee put the original reason of being terminated for lack of work which the Manager told her, when the prospective employer contacts the marketing company, they will have a different reason. So I told her since it was parttime (for 3 years) to not list them.

The manager told other employees she gave the former employee authorization to use the truck, something she did all the time. And the former employee was never told verbally or in writing there were attendance problems.

I have told her to apply for unemployment but here's the problem.

She was fired after moving her belongings from the managers home (movers witnessed manager fire her). The manager however did not report it to the marketing company. My friend had the truck for a total of 5 days but due to the fact that my friend contacted the police both days while moving her things, the landlord did in fact evict the manager.

So my friend was actually fired twice, the day she moved out then 2 days later but this time by the marketing company. They told her if she resigned they would not pursue charges and she responded with, well I was already fired so there is no need to resign and told them if they wished to pursue the charges to go ahead, she had witnesses to the fact that the manager gave her authorization.

After contacting the corporate office, she was informed that the new reason for termination was now unathorized use of the truck and attendance problems and that she resigned instead of being terminated. This is a lie.

The manager has been fired for the drug use (customer notified marketing company of this first and when asked my friend confirmed it to be true) but when unemployment contacts the marketing company they will give this bogus reason and nine times out of ten, she will not get the unemployment. They will probably want to talk to the former manager who will lie just as the marketing company is.

I told her to get a statement from the moving company, have her documentation that the felony charge has been dropped, provide them with the copy of the letter that the manager gave her just two months prior telling her there had been a reduction in hours and give it a shot anyway.

Sorry for the long drawn out story, I just wanted to be clear on what happened. Any advice anyone???? Neutral

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Re: What are your thoughts on my friend obtaining unemployment in Virginia...?

Post  JoeC (McGruff) on Mon Dec 01, 2008 1:29 pm

She can only be fired once, if she was laid off the first time (not fired for some reason) she should file using the date of the first firing. More than likely given this story the employer will challenge it,and she will have to appeal.
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Re: What are your thoughts on my friend obtaining unemployment in Virginia...?

Post  sunniedayz2008 on Mon Dec 01, 2008 6:15 pm

Thank you for your honest opinion Joe C. Smile

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Re: What are your thoughts on my friend obtaining unemployment in Virginia...?

Post  JoeC (McGruff) on Mon Dec 01, 2008 7:45 pm

Your welcome.
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