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Fired for poor job performance in Georgia

by Marie
(Augusta, GA, USA)

The company is presently going though a lay off period. I was employed with them for 7 months in which time have been switched from one position to another without training, and when asked for help my supervisor told me there was no help available.

We were informed by management that the CEO said our specific center would not be touched. On 1/4/10 a employee who happened to be very close to the director and office manager was laid off. The next day we were called into a meeting and told about the situation. The director and office manager was very upset and crying, stating that the CEO went back on his word because this employee was let go.

The office manager told the office staff being 6 of us that she will meet with us to rearrange some duties. She had the meeting with us which I was agreeable to. The next day the office manager and the director called me into the office and said they were given me a verbal warning becuase a few people told her I said some derogatory remarks after the meeting about the job duties.

She then went on to said she told us in 9/09 at a meeting, negative attitudes will not be tolerated. The meeting she was talking about was a meeting after she fired a person who happened to be African American as well as myself.

I never opened my mouth because I was in shock. She presented me with this warning and told me that if it happened again I will be written up and if it happened a third time I will be suspended from duties. I asked if I could say something, and I was told no, she knew all she needed to know. I signed the warning and stated on it that I was not admitting to any of it.

The next day after that happened, the same person that was laid off was in the office with my supervisor for several hours, and when they came out the were going to a meeting at HR. Upon my supervisors return she again
called me into the office, this time with the director, security, and hr and she stated she completed my evaluation and I scored below what was required and that she had to terminate me.

I signed the eval, thanked her for the time working with them and I left. I found out two days later the person that was laid-off was back working.

I never had any write ups, nor did she ever tell me my job was in jeopardy. In fact, I have always gotten compliments from the customers, some staff members that was not in her circle, and management. I signed up for unemployment and started receiving it.

Now I got a letter saying they are appealing the discision, I figured they would, but I never filed for unemployment before and therefore don't know what to do in this situation. Please help!!

Hi Marie,

Well, I can tell you that you should use the employee handbook if it helps to prove that the progressive discipline policy was not used in your case and I can tell you that you should try to find a witness who will be willing to testify to these facts on your behalf at the hearing and that you should subpoena any relevant documents that may help you prove the discharge was not for misconduct.

And what you said here convinced me .. so I personally think this employer has lost their ever loving mind to have appealed.

Showing your termination was for an ulterior motive other than misconduct is what you want the hearing officer to understand and believe .. and testimony and documents can't just be ignored.

If you need more help .. I am available for phone consultations to discuss everything with you, review documents, and suggest some things you should do to prepare for this appeal hearing.

In the meantime, I also suggest that you at least look into filing an EEOC complaint and possible Georgia resources because nothing about what this employer did to you sounds right at all .. it sounds like blatant discrimination and/or retaliation .. just to get the bosses friend back to work.

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May 06, 2010
I WON!!!!
by: Marie

Just and update..I did in fact win the unemployment hearing due to the fact the company did not follow their own policy. Thank you for all your help!!

Congratulation Marie. I really enjoy hearing that a hearing went well!!!

Much good luck for your future.


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