i WAS FIRED FIR INSABORDINATION
i was fired for insabordination in dec. i was never warned or written up, i filed for unemployment. im waiting for a hearing. i called hr and after sending them statements from other employees on my behalf they are not fighting my claim. do i qualify for benefits. its been 3 months i just spoke to my case worker last monday for the first time. all my bills due april first and cant get any answeres or time frame from them.
Okay, if I'm reading your question correctly, you said you were fired in December for insubordination and were initially denied benefits. You filed an appeal, but have not received a hearing date as of yet.
In meantime while waiting for the date you gathered statements from co-workers and sent them to HR and they let you know they would not appear at the hearing .. when it is scheduled and you want to know if I think you will be qualified for benefits when you have finally have your hearing.
Is this accurate?
I'll begin by saying that Montana does require that good cause exist if an employer decides to fire you.
It is good for you if the employer does not appear at the hearing. It bodes well for you to be able to win if you submit those statements for the hearing.
As for insubordination and "warnings" .. it not necessary to warn an employee.
But just because the employer calls something insubordination .. doesn't mean that's what it was ..
Since I have no clue as to what you did that was called insubordination .. nor do I know the content of the statements you will be providing .. therefore how can I tell you if you will win benefits.
What does concern me is that Montana has very few unemployment hearings .. so I'm wondering why it's taking so long to get a hearing scheduled.