Search This Site.

i WAS FIRED FIR INSABORDINATION

by wendy
(missoula mt)

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.



Hi Wendy,

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.

Comments for i WAS FIRED FIR INSABORDINATION

Average Rating starstarstarstarstar

Click here to add your own comments

Rating
starstarstarstarstar
Insubordination and Dereliction of Duty
by: Anonymous

Chris - My son did apply for UI benefits and was denied. He filed for an appeal and NEVER got a response. He sat on hold for 2 hours once and was never put though to speak to anyone. He wrote letters that never got a response. The one and only time he got to speak to someone, they claimed everything was backlogged due to the recession forcing a cutback in staffing. To this day, he has never heard anything.




I apologize if this sounds short, but since it is your son that filed the claim it is his responsibility to press the matter.

There is no way .. the excuse you are providing for no information received from the appeal department flies. If necessary, I would have sat on hold daily for two hours to get the info I needed.

And .. depending on the state .. I might have started looking into whether I could get the appeal moved up on the docket due to financial hardship .. if I were hard-up.

I do apologize for not getting to this sooner, but, as I've stated,
I'm not taking new questions via the website at this time.

Rating
starstarstarstarstar
Insubordination
by: Anonymous

I was fired for "Insubordination" because I refused to write myself an employee disciplinary form. The issue was over being tardy twice in a two week period which is an understandable write-up but it should have been handled by a supervisor or someone in a higher position than I. Also there was a policy update that stated all employees were to get their schedules made and given to them individually and after four months there were still no schedules.

Rating
starstarstarstarstar
Fired for insubordination for tearing up a write up that was false.
by: Anonymous

I was written up for doing my job. The supervisor brought a counseling statement for me to sign three times in the same day. I refused each time the third time I shredded it and tossed it in the trash. I was fired for insubordination. Can I collect benefits?


Probably not, because regardless of why you were being given a counseling statement .. the following act of shredding it and tossing it into the trash is insubordination.

Rating
starstarstarstarstar
Insubordination and Dereliction of Duty
by: Anonymous

My son was fired for the above charges. He was working an exempt position (didn't know it was exempt until after he was fired). His normal schedule was 8-4 (no lunch or breaks), M-F. On Saturday, he was helping me move starting at 6AM. At 10PM, he got a call that one of the guards he supervised was unable to stand his guard shift, graveyard from 1AM to 1PM because of a swollen eye (allergies, not injury - and had a doctor's note but my question was why wait til 10 to call?). My son called his regional mgr and was told if he couldn't find anyone to stand the shift, he would be required to work it himself. He argued that he'd already been up and working hard for 16 hours, given only 3 hrs notice and then would have to work 12 hrs without relief. He claimed he would fall asleep at post or asleep behind the wheel after post, endangering the facility he was guarding or himself and others on the road. He was fired mere minutes later. This seems like an unreasonable request from his mgr.





First, I'd like to say "non-exempt employee" is not synonymous with "on call employee" .. such as if he was working for something like a railroad???

And .. did he file for unemployment? Was he denied or allowed benefits? Did he have to appeal? Did the employer appeal?

Discharges for misconduct due to insubordination and or dereliction of duty do have to be seen as reasonable .. therefore .. an argument is in order .. not about the guard that called in sick, but the insistence of the employer that your son go work for 12 hours, despite explaining to the employer why he could not .. (like the focus on safety) and it was the employer(one or two "agents of the employer at best) that considered your sons behavior to rise to a level considered misconduct.

The employer is not the judge of what is and is not misconduct for UI purposes .. the state is.

The employer is only the judge of what they think is misconduct worthy of discharging an employee and it puts the burden of proof at their feet to prove the employee unreasonably refused a "reasonable request" that is defined or supported in the job description or the "employer's rules" when it comes to UI benefits.

Minus rules, etc. .. the ultimate judge of what is and what is not reasonable becomes the unemployment hearing officer not the claims department which simply issues a precursory "determination".

Chris

Rating
starstarstarstarstar
Insubordination?
by: Anonymous

I was recently terminated fo "alledged" insubordination, as well. seems it is taking a while to be determined. i dont am not even sure what it was. your not alone



Insubordination is when you fail or refuse to follow a reasonable directive from the employer to do something work related.

It's attitude which fails to consider the fact that you are subordinate.

To be a ubordinate basically means you are a worker bee vs. the queen bee.

Rating
starstarstarstarstar
Fired for Insubordination
by: Nanlisa

Wendy:

Did they ask you to do something immoral, unethical, or even illegal? In what way were you insubordinate?

I hope that everything works out for you.

Click here to add your own comments

Return to Can I get unemployment if I have been fired?.

} }