I’d file for unemployment anyways and state the reason for termination was fired for insufficient work. I’d not hang my hat on a reference from ass hat as it stands. I’d make no bones about the threat pertaining to denial of benefits also. Moreover, even quitting outright isn’t absolutely grounds for denial for benefits.
He’s got to document somehow that your son quit, i.e., witnesses, failure to appear, etc. Furthermore, willful misconcuct likewise has to be documented. The unemployment commission will be able to ascertain his SUI payments. If they suddenly and drastically dissappear, quitting due to not having anything to do is a lame defense.
The employer has to respond to a claim for unememployment credits against the employer by the unemployment board within a certain time (or the default judgement goes against them). If they protest the claim for credits, they have to provide proof. They must submit such proof within a certain period of the judgement goes against them. Once the employer has submitted the documentation an evaluation is made by the unemployment board concerning reason for termination: quit, willful misconduct, unwilling to work, etc. and a denial may or may not be issued.
If the judgement is against the employer, they can contest it but must respond within a certain time (or the judgement goes against them). When a final determination is made, both parties are notified and either can appeal.
If the employer appeals, no benefits are issued until after the appeal. The onus is upon the employer to make their case. If the employee is denied they can appeal. In either case a formal hearing is held and one or the other party must make their case.
If the denial is over-turned, or the employers objection is over-ruled, all benefits held in abeyance are immediately forthcoming in lump sum.
In the meantime a job prospecting employee should stipulate that employer can be contacted to verify employment history but that they’re hostile due to ongoing proceedings. Even if the employee finds another job before resolution of the matter, benefits are still outstanding and will be awarded upon final adjudication.
Quite frankly IF the unememployment benefits ARE denied, I’d lodge a complaint with OSHA and the EPA and Labor Relations board. And IF a bad reference is rendered, I’d file a libel, slander, defamation of character lawsuit.
I apologize, I should have been more clear. It'd been painfully obvious to US that they're out of work as the crew was sent home 1-2 days every week, but son's boss blamed my son for the firing, THEN told my son "...BTW you just quit...,"
Cited that others did not like him, and my son had indeed been complaining for a long time about the "cliquee" atmosphere there, just wanted to do his work and go home. No willful misconduct though.
" IF the unememployment benefits ARE denied, I’d lodge a complaint with OSHA and the EPA and Labor Relations board."
That's the other thing, is that there were multiple ongoing violations on that stuff as well. Similar to the original LowOil post, son was routinely required to work off the clock, no lunches, no breaks. When his shop was out of work (most days lately) the crew was often shipped to an office in another state but not paid for drive time, 3+ hours each day round trip. Tough to prove though, as it's his word against theirs.
Thank you for your generous, detailed reply. I frankly had no idea what we're up against, and your wisdom is a blessing.