Search This Site.

Can I be collect unemployment if I have been fired for not performing assigned duties?

by Beth
(Newnan, Georgia)

The catch here is I did perform my duties in my job. While at my job I became pregnant and immediately my bosses attidude changed. First they asked me to do things outside my doctor's orders (heavy lifting, etc). I discussed this issue with them, and eventually they started cutting my hours severely, cutting out even work I could physically perform. In addition, they scheduled me for overtime work without arranging it beforehand (which was in my contract). They also tried to force me to pay for an assistant out of pocket so they could schedule extra work, which I would not do.


We had an argument about this issue. Two days later they fired me, claiming I refused to do work assigned and had an "insubordinate attitude."

I have now been denied unemployment based on the supposed refusal to do work. I have record from text messages as well as other employees that would agree with me about my mistreatment. Should I expect to win my appeal? If so, is there anything i can do to expedite a decision?


Hi Beth,

Yes, I should think you could expect to win an appeal once you raise the issues of discrimination based upon your sex .. or the condition of being pregnant and the various breaches of your contract.

I know of nothing that can expedite the state. They are running the show now .. as far as scheduling. I do know that they have specific timeframes to complete a process, imposed by federal guidelines. This doesn't mean they always manage to do so, but they do take these requirements very seriously and do their very best.

I believe the they have 30 days to schedule a hearing once an appeal has been received.

Chris

Comments for Can I be collect unemployment if I have been fired for not performing assigned duties?

Average Rating starstarstarstarstar

Click here to add your own comments

Rating
starstarstarstarstar
Lost, appealing to the Review Board
by: Beth

So, surprisingly to everyone I've discussed this with, I lost the first appeal. In Georgia I can file with the Review Board. They review the facts discussed at the hearing and I can submit an argument based on those facts; no new information can be presented.
The reasoning for the denial is that another employee and I met in a location other than the one suggested by the employer (my job was mobile). The employer claims this was a direct violation. The hearing officer claims that even though the meeting location was at the suggestion of the other employee (that was not fired) I should have been responsible for the actions.
The issues are this was never a rule; we always set our meeting location. The employer is basically making this up so as not to be caught for firing me due to pregnancy. The employer has nothing in writing showing this rule.
How should I address this in my written argument to best ensure a win on my end?


Beth,

Let's get this straight right now. An Appeal to the board of review is not an opportunity to discuss the facts again, which are already in the record. I know you can't submit new testimony or evidence. So, the point is to raise valid arguments about how the hearing officer erred in application of the statutes and precedents and erred in the established rules and procedures for an administrative hearing such as weight of testimony, lack of documentary proof, overriding any objections you may have had. Ingnoring testimony.

You need the recording or transcript of the hearing to do a good job of this appeal. It really requires a legal brief.

I'm at a loss as to what to say too other than telling you what exactly you're letting yourself in for.

Tell me how this hearing officer decided to deny you benefits for a rule not established by the employer to be a rule??? Did you not rebut that testimony as being false?


Click here to add your own comments

Return to Can I get unemployment if I have been fired?.

} }