Can I collect unemployment if I have been fired for failure to comply with a manager's punishment? (The answer is relevant to any state)
by Daniel Hammond
(Colorado Springs, CO)
I am currently on probation for failing to make an entry in a log file - on a normal night I address about 50 - 60 alerts on the message board. On the night in question I addressed nearly 500 due to a catastrophic system failure as the result of a failed data migration from one server to another.
The work was done; however, the entry was not made. I have a copy of what was done in my notes; however, I failed to transcribe them into the official log at the time and didn't want to go back the following day since it would have appeared I was just covering my butt.
Since then my manager has imposed what I consider an undue and unnecessary punishment - I am supposed to make a nightly journal spreadsheet for the next 30 days of every incident report I address, every change record that affects my department, and every email I receive with any sort of relevance to the nightly work schedule. A report that she will only discard once it is turned in. It is both a waste of time and effort as it serves no purpose.
The manager is on vacation for the next week and my 'punishment' is supposed to start when she returns. If it were that important I would be turning it in to another manager in her absence which is not the case. When she returns and demands the journal I intend to refuse to comply and in the process fully expect to be fired for disobeying her directive.
If you will be filing for Colorado unemployment benefits when you are fired .. don't expect to get them from Colorado. This wouldn't be a good situation for any state as a matter of fact.
No doubt about it, the discharge will be seen as a discharge with good cause for misconduct. Specifically insubordination.
It's your choice Daniel.
A reasonable person would comply with the employer's demand if they are interested in receiving benefits at some point.
You didn't mention if you have received prior warnings for what I'll assume the employer sees as "neglect of duties" which might have possibly redirected the answer somewhat. (This just would have been good to know.)
If you think the employer's demand is unreasonable .. comply and counter document. If you believe your manager is doing this to harass you, comply, document and raise the issue with the appropriate parties per the employer's grievance policy.You might want to read decisions for situations similar to yours