Unemployment Compensation


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I worked as a server here and stayed during last summer to get training because it was slow. This year I need lots of money. Last summer (because it was slow) I picked up work as an emcee on a gig by gig basis. Summer is fast with them and slow with Ki Ramen. I tried to add more gigs to show my availability and get more when the ramen season was slow.
For one week I was sick in January of this year. I tried to work that Friday. Couldn't make it up the stairs. A week off. A few days off a week after that for gigs. A week off for gigs a week after that week. A week off EVERY month it seems for a trip. I came back and my performance took a very small hit. I forgot to mop the floor right. The iPod was touched during service. We talked over that. Seemed to be fine.

My performance otherwise was consistent. To showcase my consistency I'll reference the shift that I was fired for. That day my goal was to get home early. I had a 5a flight to go to a Xpogo gig. Go figure. I asked my co-worker to switch me my close for his first cut. Even offered to pay since he would be closing all week. "Just buy me a beer." Industry life.
My shift was practically flawless. If you don't miss an appetizer on one shift did you even work? I asked if everything was okay with both the server and the manager, took home my ginger beer and left.
The next day I'm off from a long flight at my other gig and Kathleen texts me.

"I assume that the fact that you chose to pay someone to close for you last night after you where specifically told that you must work the shift means that you are no longer interested in working here. I will go ahead and take you off the schedule. Best of luck."

I was stunned. By all accounts from everyone there, I worked the shift. "Assume"? Who fires someone based on an assumption? I had to reply on that confusion alone.

"Wait, what? I showed up to work and worked. I asked a consenting adult if he wouldn't mind, I would even pay. He agreed. I didn't know I did anything wrong."

Her last reply to me: "This is an issue I've previously discussed with you when you were trying to get (person) to cover your shifts and it put her into OT (overtime). You did not consult with Rich, who the MOD for the shift, you just made your own decision. I don't know what job anyone had ever had where they can come and go at their leisure, but, I find this blatantly disrespectful, let alone insubordinate. I'm not discussing this any further via text. We can discuss this further when you get back into town if you'd like but it seems pretty obvious that you are not committed to this position any longer."

What issue? Switching shifts? Overtime? How would I know about overtime? I only showed up to MY shifts. Rich, the "MOD for the shift" came to us two servers and asked us who was closing. HE didn't even know about the overtime issue so why would I? I didn't come and go as I pleased. I came to work tired, did my shift, made some good money and left the place better than I found it with everyone there pleased at my work.

In any case none of this could be discussed via text, the method in which the conversation was started and not by me, so I left it alone. I took my assumptions and realized I was fired. Started to try and move on with my life.

All I want is some help for a service I asked for once before and didn't deserve. My last case, I didn't deserve compensation and T-Mobile knew it. I had the right idea on my side but not the right actions. I lost that case in the face of someone who didn't like me and that stung. I filed because someone told me to and I thought "Sure. I worked there for five years." I did everything wrong.

At Ki Ramen I worked hard, showed up when asked and when needed, improved daily, spoke to my manager about improving, counseled the staff, brought joy and a semblance of order, laughs, hustle, a tardiness that was unpredictable and an occasional nuisance, excellent customer skills and a knowledge of the menu and rules just enough to make sure everything I could do could be done while I was there. There's no reason I should have been fired or should be blocked from compensation. If there is I've been waiting to see one.

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