[NPInfo] i just got fired!

[Dena]

Susan--
What state are you talking about? Does every state have a state disability
program? I know New Mexico didn't when I lived there (I left in 2001). I was
a medical advisor to one of the state senators and when I mentioned CA's
disability program (depending on your work history, you can receive benefits
for up to a year) he was extremely interested. They had no program
what-so-ever in that state. Lynda-- if your state has a disability insurance
program and your employer paid into it, it should be a deduction on your pay
stubs. At least in CA, we pay a percentage of our income to the program.
WARNING-- as I just found out last week, if you are a Federal employee, you
don't qualify for state disability insurance programs!!!! At least VA
employees in CA don't... 

And, no, Susan, in many states one does NOT need to show "just cause" to
fire someone. Plus, if this MD was smart, she would have consulted an
attorney before firing anyone to know her rights. prevent problems, and
protect herself from a law suit afterwards, so all loopholes in this case
may have been checked and double checked. Plus what is the goal here-- to
get her job back?? Who'd want to work with a person like that any way--
someone who'd kick you when you were already down??? And she would be
working in a very uncomfortable and hostile environment. It looks like it's
just time to move on and find a better position with a more understanding
and compassionate employer.

As for the unemployment office and not mentioning you were fired, I find it
hard to believe that an unemployment office wouldn't check. Now, this
process may vary from state to state but I'd be VERY surprised if there was
some state that DIDN'T check. First off, if you quit a job you usually don't
qualify, so they'd need to check on that. "Laid off" means that they didn't
need you at that time but they would hire you back when there was a need.
So, I imagine the unemployment office would need to check and make sure that
was truthful. If someone is fired "for cause", often they don't qualify for
benefits (apparently, some people actually TRY to get fired just so they can
then collect benefits take a paid "vacation" on the state's money for a
while <G>) so I would be very surprised if the unemployment office didn't
check on that as well. Without checking on claims, the system would be ripe
for fraud and the state could end up paying TONS of money to those who
didn't deserve it. I'd be extremely surprised that any state would take the
chance on wasting money like that <G>.

In one job I had in NM, the MD was firing staff one-by-one one on a monthly
basis but not a single employee qualified for benefits. When the
unemployment office got suspicious and investigated, they found that there
was a "reason" and "cause" for each firing-- and careful and complete
documentation was kept by the MD's wife (who was the office manager) to
support the firings. Another job where I worked in NM, the employer never
paid into the state unemployment program so no one was covered. I didn't
know that was something employers paid into or that it was an option!! 
 
Personally, I have only filed for unemployment once in my life but found a
new job within 2 weeks (before my first appointment) so never followed
through in the system. In private practices or ED jobs, I have ALWAYS had a
contract protecting me financially-- usually 90 days. Only once did the
contract not pay out because they said there was documented "cause". I was
ill and could no longer work seven 12 hour shifts in a row in the ED-- not
that that schedule was even in my contract-- it was something the guy I
shared the job with and I decided to try and he wouldn't give it up when I
got sick. That was when I started the unemployment process but, luckily,
found another job within 2 weeks. That's the longest period of unemployment
I've ever had. 

Anyway, my point is, apparently every state is DIFFERENT in regards to
unemployment and disability benefits and to simply make a blanket statement
telling Lynda her rights won't work. She needs to check with HER state-- and
an attorney if she wants to fight this firing. Although, again, I think
Lynda needs to analyze what her goals are here-- getting her job back,
financial compensation, etc.
Dena Galler

-----Original Message-----
From: npinfo-bounces at nurse.net [mailto:npinfo-bounces at nurse.net] On Behalf
Of SusanAPR at aol.com
Sent: Sunday, November 04, 2007 9:38 PM
To: npinfo at nurse.net
Subject: Re: [NPInfo] i just got fired!

 
 
In a message dated 11/4/2007 10:20:00 PM Eastern Standard Time, 
pattinp at verizon.net writes:

Under NO Circumstance use the term "fired" it will automatically disqualify 
you. Simply enter "Lack of work". You will not receive a check until after
your 
application has been received and it has been 2 weeks. 



Yes, if she "fired you", she has to show just cause.  
Which would be a fascinating undertaking.
Nasty nasty to fire someone who has been out ill and who comes back for a 
half day to try to keep her job, and then is let go.  
You were "laid off."
But if you were able to work more hours "before" and you are only able to 
work a half day, now you may have a short term disability, which is state
funded 
for a short period of weeks, I think 12, with a two week washout period of
no 
payments, so effectively 10 weeks of payments. Your doc needs to certify
this. 
 Your employer pays a pportion of this cost, which may contribute to her
lack 
of memory or understanding on how to correctly deal with a sick employee.
Susan
 



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