Plan of Attack

Layoffs usually come from a downsize or restructure of the company you work for.  Depending on the type of business your employer is in, there may be many different buyouts.  Some will reduce the staff and may put you in a situation of being laid off or even a reduction of hours.  If you had your hours or wages reduced dramatically, you are actually partially laid off.  Some people who have had this happen to them may not even know that they may be eligible for unemployment benefits.   As we discussed previously, the employer’s taxes increase when you are awarded unemployment benefits.  Your employer may reduce hours or pay in an attempt to get you to voluntarily quit.  Whenever you are presented with this type of situation, always ask for documentation showing your layoff status.  You will bring this form with you when you meet with Unemployment Personnel.  If you cannot get the documentation, ask your employer for a letter of recommendation.  Show that letter to Unemployment Personnel to show them that prior to the layoff, your employer was satisfied with your work.

When you are at your meeting, do not try to guess as to why you were laid off.  Do not complain that were laid off because you were not liked.  When the Unemployment Personnel hear this type of information, they may feel as if you are hiding information.  They may ask you more questions about it or they may ask your employer trying to dig in further to see what the issues were.  Unemployment Personnel may begin to formulate a discharge for cause argument on the grounds of you being insubordinate or argumentative with your former employer.  Then when Unemployment speaks with your former employer, they may start to feel as though they have a case for misconduct.

If your former employer still pushes the issue that you quit and were not laid off, you can help present evidence on your behalf by showing that your position has not been replaced (if accurate).  If anyone else experienced a reduction in work hours, let Unemployment Personnel know that as well.   This tells them that your former employer might have a reduction in work and have too many employees.  When you have your interview, express to them that you would like to return to your job.  It will help the information you say to them become credible.