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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 92531
Experience:  20+ Years of Employment Law Experience
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I need help filling out an unemployment claimant questionnaire

Resolved Question:

I need help filling out an unemployment claimant questionnaire tonight
Submitted: 3 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 3 years ago.
We can only provide limited support in this, but if you have specific questions we can assist you.
Customer: replied 3 years ago.
I have my questionnaire and do not know how to fill it out. I was fired from my spa job and my employer is fighting me. I was hired as a mananger at a spa that was just opening. After 3 months I was told that I would be moved down from manager positon to a regular empoyee with less pay. She said that I did something that was not true and fired me.
Expert:  Law Educator, Esq. replied 3 years ago.
What part do you need to know about?
Customer: replied 3 years ago.
thank you so much!
during a facial a woman talked about her relationship with her husband and that he looked at porn. usually during treatments clients open up about subjects like this and pour their hearts out. i told her that i was against porn and that I didn't like it either. that was it.
the woman then wanted to get me into trouble and told my boss that i was talking about porn during the session and blew it way out of context and made it sound like me.
my boss wanted to get rid of me because she was paying me to be a manager and didn't want to pay me and asked me to sign some paper warning saying that i got a warning in order to keep my job. so i signed the paper in order to keep my job. 2 weeks later she let me go!!! it was a christian spa and they kept asking me if i was born again...etc. I am not a christian and i feel i was discriminated against. i have been in the spa business for 20 years and have never done anything wrong on the job. i'm not sure what to do! i am so upset about it. and i do not know how to fill out these questions.


questions asked on the form:
were you discharged or suspended?
did your conduct affect your ability to perform your job?
do you admit to being involved in the incident
was my actions the cause of your separation?
were the incidents involved with the work?

list the reasons for your actions that caused the discharge:

please provide any other information that would have contributed to your separation or that you feel may affect your eligibility for unemployment compensation?
Expert:  Law Educator, Esq. replied 3 years ago.
1) If you were terminated, then you have to answer "Yes"

2) Did your conduct affect your ability, it certainly does not sound like it, "No."

3) No you do not admit in being involved in the incident

4) No the incidents were not involved with work

Explain that you were a manager and were demoted to employee and the employer is using this alleged incident as a mere pretext for terminating you rather than paying you at manager pay.

You need to consider getting a local unemployment attorney to represent you if it comes to the employer appealing your unemployment.


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Customer: replied 3 years ago.
what do i list as the reason given for being discharged?

just leave it at the simple statement of Explain:
that you were a manager and were demoted to employee and the employer is using this alleged incident as a mere pretext for terminating you rather than paying you at manager pay.
also..it asks if I want to provide any further information that may contribute to my seperation or which may affect my compensation. should i mention the fact that i was repeatedly asked by other employees there if jesus christ was my saviour??? or leave it at that? and not provide the additional information?
thank you so much for your help..I feel this is a witch hunt.
Expert:  Law Educator, Esq. replied 3 years ago.
As I said, you have to admit to why you were told you were terminated and you would say "alleged" whatever she told you as to why she was letting you go.

You explain in the section that this was all a pretext for the demotion and you would also put in the comments about the religious discrimination. Put in everything that you believe contributed to them terminating you.
Customer: replied 3 years ago.
that sounds simple and matter of fact. one more thing. it is asking me what date the incident occurred_______ what do i put? I do not know?
Expert:  Law Educator, Esq. replied 3 years ago.
You want to keep it straight to the points and simple without giving much information. You put the date as "unknown as you deny any incident actually occurred."
Customer: replied 3 years ago.

also it is asking me.
were you discharged or suspended?
If suspended what date I was suspended the suspension began on_____ and ended.
List reason for your suspension or discharge___________
Naturally I do not want to say I was discharged for misconduct. What do I say? as the reason for discharge or suspension?

thank you that is all...for now
Expert:  Law Educator, Esq. replied 3 years ago.
You were discharged, you cannot lie, but you dispute the grounds and are claiming the reason given by the employer was just a pretext for not wanting to pay you as a manager and the difference in religious beliefs.
Customer: replied 3 years ago.
Thank you kindly I will be accepting this information right away. I am VERY happy with your answers! How can I reach you if I want to work with you again? You were most helpful! Thank you kindly.
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you. Just ask for me in your question and the headline to your question and I will get to you.
Customer: replied 3 years ago.
before you sign off. it is asking me for a reason for my termination. do i say for alleged misconduct? and that I am disputing charges? or how do i word this simply?
Expert:  Law Educator, Esq. replied 3 years ago.
No, you state that you were discharged because you were alleged to have said something that was not said and it had nothing to do with your employment.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 92531
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 5 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for your help.

I was just speaking with PaulMJD about my unemployment compensation documents. I received 5 documents. One is a One says this is not an appealable document ADVANCE NOTICE(not sure what that means) with a box checked off stating that I was discharged for willful conduct. The second document lists my right. The third document is a claimant questionnaire which just ask attorney PaulMJD answered for me successfully (see my last post to PaulMJD for information). The fourth document is to be filled out by unemployment. The fifth document is the one I need help with, am Employment Separation Questionnaire.

It says:

If you were separated from your most recent employer for any reason other than lack of work, you must complete this questionnaire.
If you were discharged or fired explain what reason(s) you were given for your dismissal and provide your complete explantion and what occurred. Be sure to explain what happened on your last day of employment.
I am unemployed because_________________

I do not know what to say. I do not want to say anything that would discriminate me. On the day of my termination I was told that I was not needed anymore and was told to leave. I was so upset that I don't remember all the details. Please help I'm so upset. Thank you
Expert:  Law Educator, Esq. replied 3 years ago.
You need to tell the whole story. Your employer accused you of talking about pornography when all you did was agree with a customer and tell them you did not like pornography. This was not misconduct sufficient to warrant termination nor was it misconduct at all. You do not have to go into minute detail, you just need to explain the situation generally. You also explain how the employer made you manager then demoted you to employee and constantly questioned your religious beliefs as part of your work.

You really should also consider hiring a local unemployment law attorney to represent you on the appeal as it greatly increases your chances of success, but DO NOT miss the deadline to file the appeal and documents you have because even missing by 1 day will cause you to lose your claim.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 92531
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 5 other Employment Law Specialists are ready to help you

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Law Educator, Esq.
Law Educator, Esq.
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20+ Years of Employment Law Experience