Need advice on how to handle a sticky work situati... - Page 10

Say Nay · ‎03-12-2010

Employees who are fired won't always receive unemployment benefits. State law determines who can receive it. Contact your state's unemployment insurance agency for more info or look up the info at the Career One Stop website sponsored by federal Department of Labor's Employment and Training Administration here.

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Noel7 · ‎03-09-2010

@I am still oxox

If you were fired they were upset with you for some reason.

That is not the same as letting you go because they can't afford you.

If there was trouble, I assume you would know about it, so you should be able to figure out which one it is.

Yahooey · ‎07-09-2010

I was let go after 18 years and didn't know the correct lingo.

Fired - no unemployment

Laid off - unemployment

Filed asap as there is a waiting period before the unemployment kicks in. I did it online and had direct deposit. Also COBRA for insurance.

Good luck - I've been there and know how it feels

KingstonsMom · ‎03-09-2010

@I am still oxox wrote:
Let go or fired what the heck is the difference, it is semantics, I never said I was taking their property I was asking a question about using it as leverage plain and simple

@Plaid Pants2 wrote:
In your opening post, you said that you were let go.

Now you are changing it to fired.

Two totally different things.

But fine, learn the hard way, I really don't care. But remember this, if/when the company decides to come after you for theft of intellectual property, put on your papers that you were fired, and therefore can't collect unemployment, you will only have yourself to blame.

But that's the point that many of us are trying to help you understand. You were already compensated for those files, so they are the property of the company, not you.

So how exactly, can you use them for leverage, by refusing to turn them over for a financial gain, which possibly makes you guilty of breaking the law, such as possession of 'stolen' property ('stolen' because it belongs to THEM), blackmail or extortion?

You never know how strong you are until being strong is the only choice you have.

qbetzforreal · ‎08-28-2010

@151949 wrote:
You can't withhold work you did while therew and being paid by them - that belongs to them and they can take you to court,Also, remember, if they lay you off you will be eligible for unemployment but if you are obnoxious to them they may fire you and you won't be eligible for unemployment benefits. Also, you NEED a reference from them to get another job. You are angry and I get that but you need to be much more mature in your decisions right now.

The only way a person can make an unemployment claim is to be layed off or fired.

Noel7 · ‎03-09-2010

@I am still oxox

Re: I am still oxox wrote:

Let go or fired what the heck is the difference, it is semantics, I never said I was taking their property I was asking a question about using it as leverage plain and simple

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No, it's not semantics. It's the difference between getting financial benefits or NOT.

You may NOT use it as leverage or you will be sued or put in jail.

It's that simple.

qbetzforreal · ‎08-28-2010

I don't think the OP ever used the word fired. That word was brought into the mix by a poster who likes to mix it up, The OP said that she was being let go. It appears that she is being given the standard "two weeks" notice. It is the OP's belief that she was good and loyal employee for the past 16 yrs. and is entitled more from the company. I'd expect that anyone of us would feel the same if the shoe were on the same foot.

I think if she created something, she should be able use it in her next job. The company doesn't have copy right or patent. People take their files and copy their hard drives when they leave their jobs all the time. Heck people take clients and accounts when they go. It's business. And they do not go to jail.

HappyDaze · ‎06-13-2012

@qbetzforreal wrote:
I don't think the OP ever used the word fired. That word was brought into the mix by a poster who likes to mix it up, The OP said that she was being let go. It appears that she is being given the standard "two weeks" notice. It is the OP's belief that she was good and loyal employee for the past 16 yrs. and is entitled more from the company. I'd expect that anyone of us would feel the same if the shoe were on the same foot.

I think if she created something, she should be able use it in her next job. The company doesn't have copy right or patent. People take their files and copy their hard drives when they leave their jobs all the time. Heck people take clients and accounts when they go. It's business. And they do not go to jail.

not true, she actually said in her post

"I was fired because they have 0 money, I did no wrong I was a loyal and trusted employee for 16 years."

Mom2Dogs · ‎03-09-2010

@I am still oxox...I am sorry you are out of a job.

DH and I own a small printing company, business is not great....last week a customer asked for a quote, I dropped what I was doing, got her a quote, emailed it to her just to get a response that read...we decided to go with an online company!!

This is how it is today, sadly...we have no idea how long we will be able to hang on.

I work with Adobe creative suite, the company now wants to only 'rent' the software to customers, we cannot afford to do that, we own what I am currently using and will never be able to upgrade.....

The files that I prepare for customers belong to them...they have paid me to design and set up their form work, brochures, business cards, etc.....if they ask for the file, I give it to them...I believe you are wrong thinking you can use those files for leverage, they paid you to do the work. Back up your work if you want to have something for your personal portfolio as you look for new work.

mstyrion 1 · ‎09-18-2014

@qbetzforreal wrote:
I don't think the OP ever used the word fired. That word was brought into the mix by a poster who likes to mix it up, The OP said that she was being let go. It appears that she is being given the standard "two weeks" notice. It is the OP's belief that she was good and loyal employee for the past 16 yrs. and is entitled more from the company. I'd expect that anyone of us would feel the same if the shoe were on the same foot.

I think if she created something, she should be able use it in her next job. The company doesn't have copy right or patent. People take their files and copy their hard drives when they leave their jobs all the time. Heck people take clients and accounts when they go. It's business. And they do not go to jail.

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Tthat's not quite true. Intellectual property of a company belongs to the company. Not the employee. Most companies spell this out plainly when an employee is hired. If she created the property on company time, while getting paid to do so, it is the company's property.

The OP is walking a dangerous line if she hopes to hold the company's property for ransom in order to negotiate a better severance deal. If she burns her bridges on a good reference, how in the world would she be able to explain a 16 year blank to a prospective employer?

~Enough is enough~