I was at work, (been there almost 3 yrs) my team leader and i were having problems, which were escalating and this had been going on for some time. I knew that a physical confrontation was going to happen, so i called my plant manager and told him I need to go home because i knew something was going to happen. At first he said suck it up and do my job and he would deal with the other person tomorrow, which would have been to late. But when i told him he didn’t understand the severity of the situation he started to get loud and angry with me. I had said again if i stay there is goin to be a fight with this person and i needed to go, he said fine go ahead but there was goin to be some consequences i was goin to have to deal with upon my return to work. (usually 1 to 3 days off unpaid) I explained that i would except the consequences when i returned and he said ok go ahead and go. the next day he called me and told me “we’re goin to go in a different direction and we’re letting you go. When i asked why he said that i was a little thin skinned. I really thought i was diong the right thing by walking away from the problem at work, but i guess he didn’t see it that way. Was i wrongfully terminated? Of course i only have a few text messages from this confrontation.
First of all getting unemployment when fired is dependent on the employer not being able to prove misconduct.
Although you didn’t come right out and say so, you hinted at their being prior corrective actions by the employer you may of had personal experience with before .. or possibly just knew about because of what happened to other employers before this. I’m referring to your aside (usually 1 to 3 days off unpaid).
However, not knowing anymore details at this point, I would tell you to file, but expect that your claim for benefits could very well be denied.
But if you truly disagree that there was no misconduct (which I didn’t see in your story) it would take an unemployment appeal hearing regardless of what way the initial determination goes before your right to benefits is finally settled.
The problem with employees asking me questions about collectiing unemployment benefits .. at least in my mind is because the “facts that determine the unemployment claim” happened while a person was still employed. Even what happened on the days leading up to the last day .. or the prior written warning connected by the employer to the “final incident”.
Therefore, to get unemployment is often a question about what a person did .. or did not do as an employee to “preserve their employment”.
It’s why I’ve decided there is a need for Employment-tips.com to bring the conversation around to what an at-will employee’s rights are in the workplace and to bring awareness to the fact that HR is often responsible for the strategies that keep employees from exercising .. even seeing their rights. I’d say your boss screwed up .. or he was just getting rid of you before you became that “liability employee” I’m always writing about.
As far as I’m concerned right now with what i know .. a few text messages .. and a hearing rep to cross examine the employer witness into submission .. who may try to lie or at least, embellish the story favorably to project misconduct .. might be all you need to win, whether you’re the appellant .. or the employer is forced to appeal.
Winning the first unemployment appeal hearing is the premise for this website ..
Employment-tips.com is what I hope will improve and increase actual evidence that may someday compel employer to treat all employees the same way .. fairly to avoid liabilities.
I think if the bullies were eliminated from the workplace .. the bulk of the stress of work might disappear .. making the anti-anxiety drugs boom deflate.