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No post mark date, just says first class mail. First class mail is 1-3 business days.
What day did you receive it? I am just wondering if it is possible that you could have received it prior to the meeting where you signed the form (even if you didn't receive it by then) (i.e. "I signed whatever they asked me to sign, since they already terminated me.." . You have different dates of when you signed the form / quit working. Early in the thread you stated you signed the form 5/27 -- and that you also stopped working 5/27. Now you think you signed the form 5/31. When was your last day worked? Is there any way you can verify the dates on those. Do you have emails, paystubs, anything -- that can help you get clear on the exact dates on that?
Just trying to hone in and get clarity here.
Keep on keepin' on -- and keep your hopes up.
Oh..yes... is the reason you weren't eligible for FMLA is because you hadn't worked a full year?
So, I'm thinking maybe I should also submit the outdated suspension letter, and the FMLA forms that shows the dates I was denied too...what would be your opinion?
I am not seeing much benefit to submitting the outdated suspension letter. Did they actually suspend you when they gave you the letter? Perhaps others will see a benefit though.
The FMLA forms might be helpful -- especially if you have to fight a voluntary quit. Between asking for leave, asking to be reassigned, etc. I would think that would show attempts to preserve your employment. You didn't just walk in one day and say "I quit." You attempted to continue your employment, despite your health and your daughter / grandbaby's situation.
Do you have doctors records of the situation affecting your health? It looks like you might have a blend of health reasons and personal reasons in play. PA allows quitting for personal reasons -- if you can show there was no reasonable alternative and made efforts to maintain the employer / employee relationship.
Heck! Even your "resignation" was an attempt to maintain the employee / employer relationship, because they told you that if you resigned you would have a better chance of being rehired.
I would almost be tempted to play it from both sides -- in case the ALJ doesn't buy that you were terminated first. At least you would establish a record that you had compelling reasons and that you tried to stay employed with them. But I would still keep framing it as "I had tried to take leave, etc. etc. -- but that doesn't matter because I had already been terminated because my appointment ended... Get some good stuff in there, but keep bringing it back to they terminated you without cause. << Do not do this without the go ahead from others in the forum who know a lot more than I do... .. but it is still good to have everything very clear in your own mind in case you get dragged into that aspect in the hearing. I would have it clear as a backup plan - even if it is just to clarify why everyone seemed to think you quit (if there is no evidence in the file that you actually did.)
All that stuff shouldn't even have to be mentioned. You were terminated because your appointment ended. It shouldn't matter what else happened. But, we don't know at this point what is already in the file and what the employer will submit.
Here's hoping they don't submit anything....It makes it much easier.
What day did you receive it? I am just wondering if it is possible that you could have received it prior to the meeting where you signed the form (even if you didn't receive it by then) (i.e. "I signed whatever they asked me to sign, since they already terminated me.." . You have different dates of when you signed the form / quit working. Early in the thread you stated you signed the form 5/27 -- and that you also stopped working 5/27. Now you think you signed the form 5/31. When was your last day worked? Is there any way you can verify the dates on those. Do you have emails, paystubs, anything -- that can help you get clear on the exact dates on that?
Just trying to hone in and get clarity here.
Keep on keepin' on -- and keep your hopes up.
Oh..yes... is the reason you weren't eligible for FMLA is because you hadn't worked a full year?
I know I kept saying 05/27 was the day I had the meeting and signed the resignation form, as I started looking through my documents I saw I had my last schedule and remembered my last day was that Friday May 31, 2019, so yes I have proof that May 31st is the absolute day I signed that resignation form.
I was also still on the schedule for that following week because Saturday's begin the new pay period... I was still scheduled for that following week as:
June 1-21:00
June 2-21:00
June 3-21:00
June 4-X ( x-indicates day off)
June 5-X
June 6-X
June 7-X
June 8-X On the 8th I would have had to call my supervisor for my schedule if they made the decision to re-appoint me the position.
So if they processed my sf-50 (ps-50) form May 27th and the personnel action was effective on June 3rd and they mailed if off first class (1-3 business days) doesn't that show they terminated me before the resignation?
What I don't remember is the exact day I received my ps-50 in the mail.
And yes, the FMLA was denied because I had to be employed for 1 year or more or worked 1,250hrs.
Not to throw more dirt into the already muddy water, but unemployment doesn't always hold, an employer to what they told an employee. We have often cautioned claimant that it's not absolute what they were told by the employer when being let go, but rather what the employer told unemployment. Incidents such as the recent incident in Midland Texas highlights why employers may provide an easy to swallow "it's not you" termination while playing hardball with the unemployment claim. I just don't think the employee Resignation can be discounted based on what the SF50 said.
I am not seeing much benefit to submitting the outdated suspension letter. Did they actually suspend you when they gave you the letter? Perhaps others will see a benefit though
No I did not.
Quote:
Originally Posted by janja1
The FMLA forms might be helpful -- especially if you have to fight a voluntary quit. Between asking for leave, asking to be reassigned, etc. I would think that would show attempts to preserve your employment. You didn't just walk in one day and say "I quit." You attempted to continue your employment, despite your health and your daughter / grandbaby's situation.
Ok, then I will submit it as evidence.
Quote:
Originally Posted by janja1
Do you have doctors records of the situation affecting your health? It looks like you might have a blend of health reasons and personal reasons in play. PA allows quitting for personal reasons -- if you can show there was no reasonable alternative and made efforts to maintain the employer / employee relationship.
I absolutely do. I will submit this information as well.
Quote:
Originally Posted by janja1
Heck! Even your "resignation" was an attempt to maintain the employee / employer relationship, because they told you that if you resigned you would have a better chance of being rehired.
Right, I wish I had recording of that statement.
Quote:
Originally Posted by janja1
All that stuff shouldn't even have to be mentioned. You were terminated because your appointment ended. It shouldn't matter what else happened. But, we don't know at this point what is already in the file and what the employer will submit.
Yup, I hope like Rabrrita mentioned, maybe I would get lucky and get a claimant friendly hearing.(fingers crossed for that too).
SF-8's are issued when the work is on intermittent basis (more than 5 days in a service break) like for Casual's and Rural Carrier's and Holiday/Seasonal clerks. In my case in order for me to have received the SF 8 as a PSE Clerk they would have had to code it on my SF 50 as Involuntarily Termination-Lack of work to receive unemployment benefits with "no issue".
I am still not sure what you will actually need to submit. I am just considering the possibilities.
Chyvan and Rabrrita are much more skilled and know much more about this stuff than I do. (I am just an apprentice...)
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