2021.12.06 13:51 mexhotsausage Vinal
2021.12.06 13:51 antiwork_ui_throw Unemployment - Myths, Legends, and how to be careful
I work for a state Department of Labor in the unemployment division and have been involved in several UI roles for over a decade - I was on the phones, I worked cases, I worked on back office support. While everything I say here is specifically only applicable to my own state's UI systems and laws, there are aspects that are applicable across all states. This is also US-centric, our friends outside the US can get their popcorn out.
TLDR: Getting fired isn't a free pass to benefits, your tax dollars don't fund UI, we don't favor the employer, we would much rather help you but following the common refrain here is going to make it harder to do that.
There is a lot of misinformation in this subreddit going around about UI. Well-meaning misinformation, to be sure, but some of the common assumptions need to be cleared up so people can make better decisions. Here are some myths to clear up:
Myth 1: "Just get fired and get UI". Fuck, dudes, stop saying this. The tag line for UI is "for those who lose their jobs through no fault of their own". Emphasis mine. When you apply for benefits, you will be asked why you are no longer working. If you are fired, that will trigger a review. If you quit, that will trigger a review. Either way, your claim will be reviewed. The one small benefit to getting fired is that it will require the employer to prove you were fired for a good reason - which is not hard if you blatantly violated company policy.
There is a phrase we were taught: "You knew or should have known". This the code for "we are not fucking stupid". If you are fired for a violation of policy? "You knew or should have known your actions would result in termination." As long as you are not fired for illegal reasons, a violation of policy gets "You knew or should have known" and a denial. Remember the employee handbook you may have gotten and probably did not read? If you received one, you knew or should have known the policies in there. If your employer says "you can't take time off during this blackout period"...well, as much as that sucks and is a complete dick move...it is employer policy. That can (and likely will) disqualify you.
Myth 2: "Constructive dismissal". Not every state recognizes this term. We may understand what you mean by it, but as soon as you say "constructive dismissal" we sigh and prepare our explanation about how the term does not exist in our lexicon. Again. If you are fired, regardless of the reason, your claim is going to be reviewed.
Myth 3: UI favors employers. Nope. This may be a state by state thing, especially along the red/blue political axis, but my state explicitly stopped adjudicating some issues during the worst parts of the 2008-2011 time period in order to get more claimants paid. We stopped adjudicating others unless the employer kicked up a fuss. And we informally had an understanding that if the decision could go either way, favor the claimant.
A piece of advice here - always appeal if you are denied. In my state, if you are found ineligible, you have the right to a hearing. When you request one, your case will automatically be re-reviewed by another office before we even think about the hearing. If they think more information on the case is needed, they send it back to the original agent, who can (hopefully) reverse the original decision. A lot of the time, the decisions are default because the claimant did not respond. If it actually goes to hearing, it goes before an administrative law judge who reviews the case and decides whether the original decision is legit. If they think it is, you have the right to appeal again. This time it goes to an appeal board. You can then appeal it again, up to the state supreme court. And then all the way up to the US Supreme Court. Yes, we do have case law on file from the US Supreme Court. This being said, the employer has the same appeal rights you do, so it can be a flip-flopping fight all the way.
Myth 4: Employers can deny you. Similar to #3, but also no. Employers do have the right to protest your claim. When you apply, your employer is notified and they are given the right to protest within a given amount of time. If they protest before you begin getting paid, we will hold benefits until we have reviewed the case, which also has a reasonable time limit for response and counter-response etc. It is always in your best interest to respond quickly, but even if you do, we have a mandated amount of time we need to give the employer to respond. If you are found eligible, the payments held up will be sent out to you.
This can lead to very annoying cases where a vindictive employer can drag things out as much as possible. We hate those people. There are other cases where certain payroll processors automatically protest every claim. We really hate them because most of the time we can never even get a response from them, they just do it because if the claimant never responds...they get denied. ADP and Paychex can go fuck themselves sideways with a rusty spoon.
Myth 5: You pay into UI so this is just getting your money back out. This is a bit nuanced and depends state by state. In my state, this is false, and annoying to have to explain multiple times a day. In another state, it is partially true, the employee and employer split the cost. YMMV. Employers in my state pay UI taxes on each employee - like social security, it is a small percentage on each employee up to a certain amount of salary. The tax rate varies based on the number of eligible claims against them. The more claims, the higher the rate, and vice versa. You can argue that the employer passes this tax on to you by lowering your pay, but this a questionable argument for two reasons: it's maybe $5-600 a year for a bad employer, $2-300 for a good one (based on the last rates I checked recently). Your employer is generally not going to be bothered to raise or lower your pay rate for that potential differential. The second reason is that it is equally arguable that the cost is passed to the customer. Like social security employer contributions, this is just a cost of doing business.
A sub-myth here is that your (income, sales, etc) tax dollars pay for UI. This is categorically untrue. UI funds are required to be separate from a state's general fund. The UI fund is paid for by the contributions listed above. There are cases where a state or the fed will inject money, such as during extended or emergency benefits...but it's not as if your rate is going to flex 0.001% in response to that. Also...if you are the type to complain about a few cents worth of your taxes going to help the unemployed, you need to get the fuck off this sub. Research has pretty conclusively proven that each dollar paid out in UI results in over a dollar in economic activity because it helps people pay for essentials during rough times. Let me be clear here, UI (and my job) should not exist - we should have a UBI instead, at bare minimum - but in the current system this is an inarguable benefit and it helps people stay the fuck alive.
Myth 6: Government sucks and we hate you. Please take that opinion, fold it in half a few times, rub a Carolina Reaper on it, and shove it through your liver and out the other side (making sure to massage your kidneys first). "Government is bad" is a drum beaten by the Republicans for decades at this point. They patently do not believe it themselves, but they want people to believe it, because that means they can blatantly erode benefits programs under the pretense of GOV BAD MMKAY. Even if you chirp out the false equivalency of both parties being equally bad, one of those parties does not blatantly actively attempt to weaken and destroy benefits and protections. Government is as good as we make it, and right now, there are not enough smart progressive staff in agencies. Civil service is not a terrible gig, as long as trading salary for great benefits and vacation time appeals to you. Most Europeans would nod in approval at how much time we get off if that says anything.
The other side of this myth is silly as well. There are always going to be cruel people who take pleasure in the suffering of others, and yes, there are some in our agency. But in my experience, the majority of our staff are on the side of the people. As part of the Department of Labor, I know the people who go after employers for wage violations and the like, the things that people recommend here - they fucking love putting the screws to those fuckwaffles and getting a fat check out of them to distribute to the workers. The people working on safety regulations and enforcement are dedicated to making sure employers do not fuck around and get people sick or dead. The people who work in offices around the state to help people find new jobs or improve their skills are good people who put themselves out in front of the public, which is pretty damn brave in the current environment.
And in UI, we want to help people. Unfortunately we are more being constrained by law rather than enforcing the law, mostly due to the amount of money that flows through the office. We have to hold to legislation and we have to hold to case law. But still, personally speaking? Do you have any idea how many people I talked to on the phone who were in tears, telling me they were going to lose their apartment or utilities or be unable to buy groceries? Too many. Know what I liked to tell them? "Let me ask you a few questions and then I can release your payments". "Oh, looks like someone forgot to take the hold off your account, I just did and your payments should hit your account in two or three days". "Let me take your certification for last week and get you paid". "Yes, that letter you received means you're eligible, I can see your payments are already on the way".
Fuck you if you think I wanted to tell people they were ineligible. The only people I wanted to tell were ineligible were the ones who were blatantly disrespectful and had done something ridiculous to get themselves denied (you punched your manager in the dick? well, uh, I like your style but that's definitely getting fired for cause). I was very unimpressed by the people with 7-digit incomes on record who were applying for their few hundred dollars a week. Helping people in need was one of the few things that helped keep me sane during the unending phone calls. My co-workers were almost universally similar. I've only met a handful of people in the division, ever, who really got off on denying people.
So, after all this, the reason for this post is because of all the people on here who keep saying just get fired and get UI benefits, over and over. It's just not that simple. If you are considering quitting or getting yourself fired, don't make the assumption you'll get benefits. If you would be in significant financial distress if you don't get benefits for the interim between jobs, PLEASE don't just blithely follow the hive mind here. People mean well, I know, but please be careful. I don't want to see anyone here go hungry or homeless because they assumed they'd get benefits and then don't.
In conclusion: Always apply for benefits. The worst we can do is say no, and you've lost a half hour of your time.
This is a throwaway so please get your questions in today and I will try to answer to the best of my ability. If you feel like arguing, I will feel like ignoring you, so don't bother.
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2021.12.06 13:51 Darxney Can anyone explain how this person got these pieces when they are "unavailable"?
Could it be a hacker?
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2021.12.06 13:51 Fair_Ask670 Close II You - Baby Don't Go - 1997
2021.12.06 13:51 brincidofovir Worried this is starting to form as an ED?
Is this starting to form as an ED?
I am a 25M, have been involved with bodybuilding for some time now. I grew up around a mom who always did and still talks about calories, exercise, etc.
Myself, I spend a big portion of my day thinking about the same. I’ve grown to have some body dysmorphia and usually tend to restrict myself if I feel I am getting fatter.
There will be periods where I feel like I can never get full and I usually binge on things like chips, eating like a whole family sized bag of Doritos. Oftentimes afterward I would go for a run to try to mitigate the calorie damage I did.
I am struggling to find a balance between healthy eating to reach my fitness goals but also having a good relationship with food
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2021.12.06 13:51 Sorin61 Uber will now let drivers and riders record audio during trips for safety
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2021.12.06 13:51 Foodermarket Instant noodle and ramen convenience store in Bangkok
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2021.12.06 13:51 URedUser Termux as wallpaper
Is it possible to use Termux as wallpaper? I mean make Termux run anything (for example I have pipes.sh screensaver) and make session display as live wallpaper? I don't mean to use only Termux. Even if action includes other third party apps I will gladly do that. Only exception is root usage.
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2021.12.06 13:51 ContentForager2 4 KD Boxes with PSU (/r/kadena)
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2021.12.06 13:51 AnonymousAzrael I tried to convert the SIG Sauer MCX to the AAC Honey Badger from COD Ghost
2021.12.06 13:51 Onediamondfilms Let go of your guilt & forgive yourself, it’s not that serious (SELF-FOR...
2021.12.06 13:51 Chickennugget755776 Maybe i am a spider
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2021.12.06 13:51 messyblink i'm a sophomore still taking bio, that says a lot about me. but yeah not showing eng health or history that's just embarrassing 😭
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2021.12.06 13:51 VadaPagan E A Marriage, DLC divorce extra. But worth it.
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2021.12.06 13:51 elkmeatdtmandweights Does anyone else have a hard time taking people seriously or believing the information that they give you without verifying it?
I have no energy for lies. I've always been truthful and it's often gotten me in trouble growing up. Not being too tactical in my relationships just because I didn't care to be.
Obviously as you age you learn how often people bs and lie for no reason. I don't know when I started, but it seems I've always been skeptical of what people are telling me. Even if it's basic info.
I grew up around doctors and engineers, lawyers. My parents, their parents, cousins. Everyone was super educated and a bit pretentious, I always felt like the stupid one, but even more I felt that people outside my family were dumber.
I have a really hard time taking advice from people or listening to them if they're not an expert in that field. Because why the fuck would I? People lie about so much. How much something costs, things that happened. Things you can easily verify.
And I've been discussing this today with my cousin, because she feels a similar way. Like she takes almost no one seriously at first. And honestly it's a bit exhausting. I know people have so much to teach us. I think people have way more to teach me, than I do them. But I always worry that anyone could be a lying prick.
How trusting are you of others?
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2021.12.06 13:51 LazyLoser123 Engineering kar lo, bahut scope hai.
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2021.12.06 13:51 hytch He was surrendered to the rescue as Ptui, the rescue renamed him T'Challa, we renamed him Goblin, but this name...he has claimed this name.
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2021.12.06 13:51 tunesandrecreation PSY100 FSG - TODAY
Hey everyone! We’re holding an fsg today from 3-4pm to help prepare PSY100 students for their upcoming term test. We’ll be going over practice lab test questions and multiple choice questions! You can register for the session here: https://uoft.me/FSG2122 We hope to see you there!
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2021.12.06 13:51 PartyIssue2732 🚀MetaSaitama 🚀 |Private Sale Is Live! 🔥 KYC In Progress 🚀Next 1000x🚀
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2021.12.06 13:51 DeepAd1517 🎁 NFT GIVEAWAY 🎁 UPVOTE ⬆️ JOIN DISCORD ❗ AND DROP YOUR WALLET ADDRESS! 🐦 BE AS SMART AS AN OWL 🐦 READ COMMENT!
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2021.12.06 13:51 dreadcaptainbonga Markets are down, but our spirits are UpOnly
The markets might be down and prices in red, but Susumi remains committed to creating a project that gives the many in third world countries and all around the world the chance to Crowdfund as it should be and raise funds.
Our resolution hasn't faltered one bit and we look forward to you joining the ride.
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2021.12.06 13:51 jsberby Se a Juve ,Cuiabá e o Bahia ganharem hoje, o São Paulo será rebaixado?
Não sei se ja rolou essa discussão aqui, porém tenho um ponto:
Se a juve e o Cuiabá ganharem vão pra 46 e o Sao Paulo fica em 16 com 45.
Na última rodada o Santos pega o Cuiabá e o Corinthians a Juventude, eu tenho certeza que os dois entregam ( Santos ja aprendeu da pior forma que não pode salvar rival) e o Corinthians ja ta na liberta
Com esse cenário, se o São Paulo empatar com o América na última rodada , ele cai , eu vi isso pelo simulador.
Isso procede? Ou eu deixei passar algo?
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2021.12.06 13:51 emmymama The best swimming pool in the world? Tragumna
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2021.12.06 13:51 trilokadda HPSSC Recruitment 2021 for 554 Office Assistant & Other Posts
2021.12.06 13:51 i_need_more_luck What was the worst part of your weekend?