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Getting Fired - Page 3

post #41 of 76
wait, am I missing something? They need you more hours than you can work with your school schedule. What are they supposed to do, keep somebody who can't fulfill the hours they need just becase she's nice and does a good job? There are a lot of people who are nice, will do a good job, AND can work the hours they need. They have a business to run. Is it possible you're taking it more personally than intended?
post #42 of 76
She's in school and working 4 hours a day now. They hired her for a 20/hour a week job, and she's been very flexible for the past 8 months in allowing them to set her 20 hours a week. Now she needs a DIFFERENT 20 hours a week to accomodate school, which they knew when the hired her and she has given ample notice about the Spring schedule. They have NOW decided they want someone 40 hours a week (assuming this is true, and not some ploy to get her to quit. Are they actually prepared to pay benefits or will the jerk the replacement around too but cutting her hours at 5 months and 3 weeks?). Fine, they are letting her go. But she's not choosing to quit.
post #43 of 76
Thread Starter 
Oh, the replacement:

Currently she is an ad rep who sells ads for a thing called Faith and Family. I don't know how that position is working for her, maybe it isn't getting her enough money and she needs something more, or maybe the ad manager really can't stand me and told her they needed an in office person.

Anyway, at the meeting they offered to use me as a back up for a truck driving position- which I accepted (don't want to refuse any work) and also said the girl replacing me is actually a better candidate for another sales position so asked if I would, at the end of this semester come back/ I said yes (again, do not refuse work when offered).

It's all just really weird.

Thank you for more advice.

second- know this is not about taking it personally, but being fired and needing to get the unemployment benefits. I must follow the rules of this little game to ensure I have the income. Nothing more.
post #44 of 76
Thread Starter 
OH.MY.GOLLY!
This woman is horrible. The first day she sits down at my seat (after seeing me there for about 3 weeks before and just takes over.

She messed up my computer, did not bring in her packet of information that tells her how to do things (ad prices and such) and then tries to input legal ads.

Oh my.

She answers phones while she is waiting on customers, asks "who is this?" when answering the phone and just ignores any training advice I have given her.

It's been painful to say the least.

But hey, they had me work from 8-5:30 since Wednesday so it's all good. I've tried to show this woman how to do things but she thinks she knows it all, but when she messes up I say, "oh I thought you did this before."

Her response, "every place is different." No kidding, it's why I have been trying to help you along, spending extra time creating cheat sheets for her- oy!

My coworker comes back from her vacation on Jan 2 and she is so angry that this woman is here.
post #45 of 76
Heheh, they've made their bed, now they can lie in it. They'll have to deal with your incompetent replacement. Sucks to be them.

You've really done everything you can do help the situation (and yourself) along; now you can walk away knowing that whatever disaster happens there is not your problem anymore.
post #46 of 76
Thread Starter 
Tis true.
So far I have no worries.
post #47 of 76
Thread Starter 
Oops. Sorry.

I called the Employment Security Commission on my last day of work. Filed my claim via the internet, called the 866 number just to verify a few things.

During that phone call I was asked/and answered several questions regarding my availability to work.

She asked if I was willing to change my school schedule or forego my education

I said I would if I could, but there is no other time slots for my classes.
The wording of some of the questions were really trapping (would I, am I willing to, etc).

One question was unanswerable:

"Because of your availability to work, what percentage of jobs does that illiminate you from?"

Well, how many jobs are out there? I just said I couldn't answer the question, due to lack of information. She got a little huffy.

She asked about the program I was in at school, how long I was in the program, etc.

Then after all was said and done, she said that they would have to deliberate on my case since I was unwilling to change my school schedule or forego school.

UGH!

I said, NO, I am UNABLE to change my schedule. She said there was not an option for "unable to change."

So we will see.

I called in my claim again yesterday (you have to report each week) and look for work twice a week and document each business you applied with). I applied at Food Lion and Lowe's last week.
post #48 of 76
Thread Starter 
LOl- here is the best one yet.

Throughout this ordeal my publisher has maintained that I am not being fired. Again, I was not being fired.

The ESC woman called to day and said their was a conflict because they are saying I was DISCHARGED. Itold her no and that I had documentation of what was said and when.

She said I would hear from them in about a week.
post #49 of 76

Hey there

Quote:
Originally Posted by Potty Diva View Post
LOl- here is the best one yet.

Throughout this ordeal my publisher has maintained that I am not being fired. Again, I was not being fired.

The ESC woman called to day and said their was a conflict because they are saying I was DISCHARGED. Itold her no and that I had documentation of what was said and when.

She said I would hear from them in about a week.
I hope you get that unemployment benefit mama!
post #50 of 76
Something similar happened to me. I thought I was getting laid off (from what they verbally told me) and then found out I was fired. I will say though that it was the best thing that ever happened to me. My life drastically changed because of it and I am SO GLAD that it did.

Anyway, I find it odd that the unemployment office wants you to choose between school and work. Especially since there are programs for you to GO TO WORK while on unemployment. Good grief!

Is it possible for you to qualify for state help (food stamps, etc.) while in school and on one income? Probably not, but it would not hurt to ask?

Reading this, it sounded like these 2 women must have known each other somehow. I was not as calm as you are...

Good luck and I hope you find a better job after this!
post #51 of 76
Thread Starter 
Thanks Climber.

I have applied for Food Stamps and Medicaid but was denied since Mark makes to much- yet we cannot afford to even take our daughter to the doctor's to get her prescription allergy meds and she has a sore throat- ugh!
post #52 of 76
I'm sorry this ordeal is happening - I wanted to chime in and let you know that in most states going to school can eliminate you from getting unemployment. It doesn't make sense, I know, but they expect you to be"able & available" for work, and if you are in school you cannot be. I hope because this was a part-time job and you were in school while you were working there that your claim will be approved. My uncle in OH was fired before Christmas, he has already been doing this online class for becoming an insurance agent or something like that - nothing that was even interfering with his daytime job. His unemployment was turned down because he was "going to school". He is appealing obviously but it still isn't solved.

Good luck, you have handled this whole thing with amazing class and patience.
post #53 of 76
Thread Starter 
I got a letter the ESC today and it said I was disqualified because"I am "unwilling to change my class schedule or forego school to get a full time job.

AND

that I was fired for misconduct!!!!

I am livid. Misconduct? What is this about? I can't wait to find out. I am nervous and scared and so angry about this.

I have never been written up or verbally repreimanded. What do I do?

Oh and about school. I'm going to print off my schedule and the schedule of offered classes to show that there is no other time or day for me to take my classes except for what my schedule is and I am going to ask my advisor for a letter to say the same.

I have never been through this. Now I know my publisher and the ad manager are liars, so I wouldn't put it past them to be horrid people over this.

And it is 87 a week! Can you even believe this?
post #54 of 76
Thread Starter 
Oh and my publisher maintained the entire time that I was not being fired.

He even asked me to call him after this semester for rehire!!!!

We left on good- no, excellent terms.

UGH!
post #55 of 76
It is fully within the business's rights to determine their scheduling needs and they can change anytime.
post #56 of 76
Thread Starter 
I'm not disputing that. I'm disputing the misconduct claim.

And I am eligible for benefits in certain cases while going to school.
post #57 of 76
Thread Starter 
Quote:
Originally Posted by UmmBnB View Post
It is fully within the business's rights to determine their scheduling needs and they can change anytime.

And even in work at will states, you are not entirely correct
post #58 of 76
Thread Starter 
I'm going in today to file an appeal.
The case worker laughed when I told him the situation. He says employers d othat all the time to get out of paying benefits. But they should have to prove it.

And the school thing I will bring up. They have a program called WIA that pays for your books and tuition and you get benefits on top of that!

I'll update when I get back.
post #59 of 76
Thread Starter 
Uh...whoa.

I went down and filed an appeal.
I asked the caseworker about whether the employer needed to prove misconduct and he said all they have to do is put a notice in your file saying you were reprimand or written up and that the employee doesn't even have to know about it!

But, I was never verbally reprimanded or corrected at my job, ever. So how could I change any behavior that disliked if I don't or didn't have knowledge of the behavior or action they found offensive?

Weird.

He said I did the right thing by filing immediately and that it would take 4-6 weeks to hear back from them (the adjudication board).
post #60 of 76
Quote:
Originally Posted by Potty Diva View Post
... I asked the caseworker about whether the employer needed to prove misconduct and he said all they have to do is put a notice in your file saying you were reprimand or written up and that the employee doesn't even have to know about it! ...
Of course if you were written up or reprimanded then you would know about it. I think what she means is that you wouldn't necessarily know that it was "documented" in your personnel folder. In any case, I would think that it would still need to be a "firing offense" and that the discipline would need to be consistent with company policy.

Do you have a copy of your employee handbook? If so, skim the Table of Contents, if there is one, for anything that looks like it might apply. E.g.: "Discipline" or "Employee Conduct". If it's a larger company it may be on their "Intranet" website. If you still have access to that I would check it out before they restrict your access.

If there is a co-worker you are on good terms with perhaps they can get a copy of the relevant section(s) of the handbook for you.

It's possible they are trying to manufacture something after the fact or blow something out of proportion. It might help if you can show that whatever it is they are alleging that they are not in compliance with their internal discipline procedures. For example perhaps you are supposed to get one spoken warning and then one or more written warnings after that. In which case they should be able to "document" that they gave you those warnings. If your signatures aren't on them and you never saw them then you know what calibre of people you are dealing with.

That's why some companies no longer have purely "spoken/oral" warnings. My aunt told me that her company now has an oxymoronic "written/oral" warning. The first warning is given in person but it is documented in writing. I forget if it has to be signed by the employee or not but my guess is that it would need to be in order for it to carry more weight than a purely spoken warning, unless it's an email or something they could prove you had received.

It may become your word against theirs in which case any records you have that may tend to suggest they let you go on good terms could come in handy. For instance, I seem to remember something about a job as a driver. If you got an email about that it might count for something, unless whatever it is they allegedly fired you for has to do with duties or responsibilities fundamentally different from those required of a driver.

Good luck.

~Cath
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