I was fired for Misconduct on a job that I was being trained on . . .
I worked for a chemical company from March-Jun. Having never worked in a chemical company before I had to be trained on every aspect of this job. I was fired in June, less than 90 days from being on this job due to three incidents that took place in the plant. The Company has a five step disciplinary procedure that is implemented whenever there are incidents/accidents that take place. It should be stated that the company does not have to use each of these steps when dealing with discipline. I ultimately had 3 incidents in all, although the company could not refute one of these accidents. My last two incidents involved my spilling chemical and I was fired for “misconduct”. Misconduct? I want to know how are they able to claim “misconduct” when I am working on a job with a trainer and had never signed off on this job as being fully qualified . Yes, I had a done the operation several times BUT I was unable to hold this position on my own without supervision. The company also failed to mention that I had been given a written exam to test my understanding of the job’s description and I failed this test miserably. . .HELP! It should be noted that I was initially denied benefits and fought back with an appeal and won . . . .I received a new letter this week stating the company had won their “re appeal” and that I had to appeal the Reverse Decision and repay ALL of the benefits monies I had received up to this point. I am in dire need of assistance in fight this 2nd appeal . . . . .HELP
UNLUCKY IN KENTUCKY
Tell me what the board order states as their reasoning for reversing what at first listen anyway .. sounds like a very winnable appeal case for you.
The problem is that next appeal sounds like it will be an appeal to a real court .. for that you need an attorney if you don’t want to go it pro se.
Which I would not advise .. but still I’m curious about the boards reasoning for the reversal.
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