(Zephyrhills, Florida, USA)
I was told I was being let go for several instances of "Insubordination", all 3 were not write ups, just all 3 wrote down on one piece of paper and "Verbal" checked off. The third date says 12-25-2009 I will be insubordinate. I was sent a bunch of crazy emails ( I have some, but not all), which contained Barack Obama being hung from a tree, another informing me that I should be voting for Mccain, and a bunch of Religious "Chain mail" style emails. When I asked NOT to include me in these types of emails, I was quickly isolated and several problems began. I was a security Guard and the residents in the community that I guarded knew of my termination days before I did.
I do not see how my benefits could be denied when I was never even written up. on 2 of the days I was "Insubordinate" I have emails showing that I was doing a good job, I have none for the christmas one, as christmas 2009 is not here yet. I plan on appealing this, but is it worth it? I live in Florida, if that makes any difference.
Yup, I'd say it's worth appealing. Not necessarily because someone wrote the wrong year for one of the instances, but because the employer has no paper trail to show you were ever warned your job was in jeopardy.
I'm sure they have a written policy, if they actually have forms like that. Your best bet lies in the fact that they didn't follow their own progressive discipline policy. It will also of course depend on the final incident. I do not believe you related the straw that broke the camels back for the employer.