Fired 4.7.17 and Employer Checked Misconduct
I was fired on 4/7 and have my phone interview on 4/25. Like People on here, I never been fired before.
I was in the middle of training a new person to our department when the manager pulled me away. He and HR Personnel were in a room and they said I was fired. They said I was fired for being unproductive on 4/2 while on the clock. They said they had a tape.
I asked where was the tape and what is their definition of unproductive because I did nothing no different that day than any other day. they said the tape was company property they weren't showing me and they asked me to sign the document, I refused to sign it and I told them I wasn't signing it because I did nothing wrong. I asked for a copy of the Termination paper and my employee file, they gave me the termination paper after going back and forth with me and mailed me my employee file.
I asked did they write it such that I wouldn't get my unemployment. They said Yes and that I would have to appeal and that they were ready for an appeal. I told them they should be ashamed of themselves, that they were wrong, that I had a family and that I was going to sue them for Discrimination.
I asked them if they were doing this because I'm black. I also told them, I wasn't completely surprised because of everything leading up to this, based on the way I had been treated by the company after my return from maternity leave.
I demanded my employee file, the HR Personnel refused and threatened to call the police on me if I didn't leave. I gathered my belongings and left.
I applied for unemployment 3 days later. Today, April 23, I
got an alert to certify for benefits for the last two weeks but my phone interview is on april 25th. i have filed a EEOC claim against my former employer for the discrimination and retaliation i endured. i just don't want them to be able to deny me unemployment too, they done so much to me already and i need to support my family until i find other employment.
If you don't know what I'm about to ask you about that is relevant to the employer's burden to prove misconduct, it would be safe to assume you haven't read many, if any questions answered before about being fired for misconduct.
In the file you received by mail after your termination, were their other warnings regarding your job performance (not being productive) prior to this final incident that caused the termination? Misconduct related to job performance is difficult for an employer to prove without prior warnings, which literally serve as proof the employee was made aware of a problem the employer was having with their behavior, or performance of a job .. before a terminationk.
Out of curiosity, more than anything, would it be an accurate guess on my part and since you say the employer claimed to have a recording as proof you were unproductive, but wouldn't let you listen to it, that you might of been a customer service rep of some sort, given these are employees who are frequently recorded ... ?
How long ago did you return from an FMLA, or maternity leave. I ask since you also say you were being discriminated against because of your race as well as being retaliated against .. for what, I'm not so sure?
How long did you work for this employer in total?I've moved your question to the others about getting fired
for work related misconduct.