by Toya
(olathe ks)
I was written up on a final aug 12 for cursing in call center floor and making rude comments about my superiors.. I had requested days off and kept getting denied for bs reasons so I called the lady a bitch behind her back and said all the other managers suck her ass! So I was on a final write up. After that incident I kept a low profile, improved on my performance, attendance and collected more payments than ever before. I literally was trying to keep my job. On about september 18 I called on a past due account and a third party answered the phone her refused to give the customer the phone unless I told where I was calling from . I explained that our policy is to not release third party info and If the customer is not available that’s all I need to know, but thank you and have a nice day. And I got fired cause the third party called in and complained cause I wouldn’t tell where I was calling from. I never raised my voice or changed my tone during the whole call. When I got fired they said I was rude and lost my temper but I talked the same way I always talk on any call. I don’t take the job personally. And when I received their decision by mail it said willful misconduct and I was previously warned but I never received feedback on calls like we were supposed to.
Okay, Some might not like what I’m about to tell you because they might think like I do, that your previous write up should have been a termination as just one instance of that kind of behavior is good cause for termination, but the employer didn’t fire you .. for some reason not understandable to me.
But, if I tell you, it might somehow, help someone who never dream of acting so offensively while at work.
It is always the “final incident” that motivates the termination that is of utmost importance, be it a good reason or a bad reason.
And here’s the problem I’m having with the incident the employer chose to terminate you for.
The employer has the burden to prove the misconduct that motivated the discharge, I see where they were going though because it was a consistent reason.
But, how will the employer prove you lost your temper and raised your voice?
Will they have that individual that complained, present for your Kansas unemployment appeal hearing? I doubt it.
If I were asking the employer what they had to prove their case for the hearing .. I would first ask for a recording of the phone call. If not that, I would be asking if there might have been a supervisor monitoring the call by chance that could provide first hand (direct testimony) about what they heard or whether anyone was standing nearby you that heard and could testify .. otherwise .. the employer’s testimony about what you allegedly said and how you said it on this phone call is hearsay testimony and should be objected to as such.