I was fired for Misconduct on a job that I was being trained on . . .

by Michelle
(Kentucky)

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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Nov 27, 2011
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Fired for Misconduct
by: Michelle

In both of my accidents in the plant it involved my dropping a chemical substance on the plant's floor. During one of the incidents the chemical fell upon the individual who was in charge of training me for this position.
My Reverse Appeal letter states . . ."The claimaint was trained to close on both procedures and was aware those were part of her responsibilities. The claimaint admitted that she failed to make sure the chute was lowered in the first incident and the valve was not closed in the second incident. The claimant owed a duty to perform those safeguards; her failure to discharge her duties and exercise due care in the two incidents at issue exhibits recurrent negligence. Because the negligence is recurrent, it is considered the equilvalent to willful or wanton behavior. As such, her recurrent negligence constitutes misconduct under the common law standard, set forth in Boyton Cab Co. The claimant also endangered the safety of her co-worker by spilling wet chemical powder onto him, which constitutes misconduct under KRS 341.370(6).



Really? Nothing about the fact that you were a probationary employees still undergoing training?

What did the original hearing decision say in it's findings?

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