Fired for Insubordination in Pennsylvania

(Pennsylvania Unemployment)

I was granted benefits but then received an appeal from my employers unemployment rep.

They originally told me that the reason they terminated me was because I told personnel that I had an interview for another job.

Now they are saying that it is insubordination because I called by boss an asshole.

The truth of the matter is that I was having a personal conversation with an outside vendor. I told him to see me first and then the head asshole in service.

Unknown to me, he had his speakerphone on his cellphone and was in my bosses office.

My boss heard this and came up to my office and said real nice. I said, whatever and he left.

This happened 1 and 1/2 weeks prior to my termination. I was a top selling individual. He has personally called me names in the past. Is this speakerphone on the cell legal or is it inadmissable like a tape recording being that I had no knowledge of it being on.





Well that's a good question. And I don't really know the answer. I do know that Pennsylvania is an "all party" consent state when it comes to recording phone conversations.

Nonetheless the fact that your boss overheard the remark via a vendors cell phone conversation with you ... while the vendor was located in your bosses office .. begs the question .. did you know the vendor was in your bosses office when you made the comment?

If it weren't allowed I would think this could be overcome through direct testimony from your boss and could be supported additionally with testimony from the vendor.

But, let's address the reason you told the unemployment department you were fired.

Do you have a termination document stating that as the reason? That might be helpful.

Now, let's move on to the new reason and why the employer waited for a full week and half to discharge you .. considering they were present to hear the remark .. Did they possibly have to wind their way through your companies red tape to wrangle the permission to discharge you for this?

Calling your boss an asshole while talking to one of your companies vendors .. could very well present "harm to the employer's interest". And this is regardless of the irrelevant fact that your boss has called you names in the past.

So, anonymous PA person .. what happened at work in that week and a half .. was it business as usual during that time?

Chris