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View Diary: THANK YOU FOR YOUR HELP TODAY! Son-in-Law Fired After 3.5 Years of Emotional Torture (194 comments)

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  •  First, breathe (37+ / 0-)

    You don't have to make a decision in the next seven days, and any decision you do make in that time period runs the risk of being hasty.  This isn't going to come to a head that fast, so you have time to react with a cool head.

    Cooler, anyway.  You know what I mean.

    I presume your SIL will get unemployment?  That will help some and extend your range.  As now unemployed, other assistance may be available--use it.

    Off the cuff, and without your numbers in front of me where I can do the math, it sounds like the long-term result might be selling their house and moving somewhere cheaper.  But it's not beyond the bounds of possibility that your SIL will find a new job tomorrow that's competitive or better.

    But that's only a might-be.  I'd set a definitive time limit for SIL to get back on his feet, and stick to it.  If that's not possible by that point in time, then sell the house.

    Pick whatever time limit seems reasonable for your budget.

    (-6.38, -7.03) Moderate left, moderate libertarian

    by Lonely Liberal in PA on Mon Sep 09, 2013 at 09:55:51 AM PDT

    •  Depends upon the reason given for his firing. (5+ / 0-)

      I think, and IANAL, that if he's fired just because he didn't meet quota, he would probably qualify, but if he's fired and they claim some sort of malfeasance or other reason, or if he's considered a contractor and not an employee (both tactics by scummy employers to get out of paying for unemployment insurance) he might have to go through an appeal to get it.  He should absolutely do it - otherwise he's getting screwed by being fired and then doubly so by letting that company keep money he'd be owed.

      It sounds like that company isn't going to survive for long if they're that abusive.  As the economy picks up, the good salesmen will find companies that value their efforts (and I expect your SIL will do so) and those companies that exploit their workers will either have to change or they'll go out of business.  I don't think your SIL or you will be that heartbroken if the business goes down in flames because of their ways, though it would be sad for all the effort put in during the good years.

      I'm not going to suggest a way to find work for him, as the only good day I ever had as a salesman was when I put the crap in the back of the car and went to spend the day wandering around Muir Woods north of San Francisco.  I've done some selling since then, but I don't rely upon my sales talents for my income - I only do it for my hobbies so someone supports me that way.

    •  You do not get (3+ / 0-)

      unemployment when you are fired unless you can prove you were fired for no cause.

      ~War is Peace~Freedom is Slavery~Ignorance is Strength~ George Orwell "1984"

      by Kristina40 on Mon Sep 09, 2013 at 11:31:01 AM PDT

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      •  Oh, I hope this isn't true. (2+ / 0-)

        SIL didn't do anything wrong, well other than not reaching a quota for the first time in 3.5 years.

        It's difficult to be happy knowing so many suffer. We must unite.

        by War on Error on Mon Sep 09, 2013 at 11:53:14 AM PDT

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        •  No misconduct (2+ / 0-)

          I found this

          All states, including Utah, only provide unemployment compensation benefits ... Therefore, workers who have been fired for misconduct, or quit their job without .

          It's difficult to be happy knowing so many suffer. We must unite.

          by War on Error on Mon Sep 09, 2013 at 11:54:14 AM PDT

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        •  There's no harm (6+ / 0-)

          in trying.  "Incompetence" (we know he isn't) is NOT misconduct.  And that firm may very well have a bad reputation at the unemployment office already.

          (-6.38, -7.03) Moderate left, moderate libertarian

          by Lonely Liberal in PA on Mon Sep 09, 2013 at 12:33:33 PM PDT

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        •  Kristina40's comment was misleading (0+ / 0-)

          First off, most employees on unemployment were fired. It is in fact very difficult to get unemployment when you quit as opposed to being fired.

          Second, fired for cause in the context of unemployment means willful misconduct, not simply being unable to meet the standards of the job. If the reason for termination was not meeting a quota, then that's probably not going to get unemployment denied.

          Third, the onus is usually on the employer to prove the firing was for misconduct. The employee isn't the one who has to affirmatively prove it when filing.

          Note: this is how unemployment works in general. Utah may be weird in some way, but I seriously doubt it deviates much (if at all) from what I wrote in the above paragraphs.

      •  Relatively easy in some states (6+ / 0-)

        At least around here, the appeals process tends to lean sharply toward the employee's benefit.  This does differ.

        When I was let go, my old employer pulled some crap out of their hat and tried to make it fly.  The magistrate practically laughed them out of the hearing room and my benefits were confirmed within two days.

        Reputation and size of the employer matters as well.  I've heard through the grapevine that my old employer pulls this all the time, it's well-known, and they would consequently have an extremely high bar to meet at the hearing.  Not that they'd tell them that, but if a decision could possibly be construed toward the employee, it would be.

        (-6.38, -7.03) Moderate left, moderate libertarian

        by Lonely Liberal in PA on Mon Sep 09, 2013 at 12:32:08 PM PDT

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      •  I think it varies from state to state (0+ / 0-)

        I'm on a mission! http://www.dailykos.com/comments/1233352/51142428#c520 Testing the new site rules.

        by blue aardvark on Mon Sep 09, 2013 at 12:38:51 PM PDT

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