I was fired for violating company policy, can I still win an appeal?
I got a new boss in November of last year. This was her first management position. From the time she started, she didn’t like me. In July, she gave me 3 write ups in one day. One was for putting time on a time sheet she says I didn’t work. She wouldn’t know if I did or not, I was the only one working. The second was for insubordination because we were having some issues in our parking lot and she told me not to address this with residents, and a week later we got several more complaints, so I asked the assistant what I should do, she said to send out a letter. So, I did. The manager had been out of the office 3 to 4 days a week working at another property, so she hadn’t been taking care of issues going on that I was telling her about. The final write up , she accused me of calling up a soon to be resident and telling them that the manager had made a mistake and she had to move in by a certain date or she would forfiet her deposit and apartment. The day she said I called the property manager wasn’t even at our property and I never called this lady. This same lady moved in on a Sunday which was 6 days after I was written up. I was the only one working on that day. The next day (Monday) I was off and then I came in on Tuesday morning to termination paperwork. My manager said that this women came in on Monday and told her I had confronted her about my write up. I never confronted her. The day this women moved in, she told me that she told my manager she had expected me to get written up, she asked me if I had been. I told her I did not want to discuss anything like that with her and that everything was done and over with and we should move on. My manager never gave me an opportunity to tell her anything, for my write up or the termination. I did mark on my paperwork that I disagreed with both of them, and on my termination paperwork I did put that this women had brought it up to me and I told her I would not talk about anything. My manager would not give me any of my paperwork the day she fired me. She told me she was advised not to. I was also, living at this place and she gave me 72 hours to move out. This was in my contract, but they are allowed to approve a longer time frame. She told me once I was out of my apartment I was not allowed ever back on property. I finally got to talk to HR a week later and wanted to talk about all the unfair actions that were taken against me, but they would not talk to me. The woman told me I would receive an exit interview in the mail and that was where I needed to express myself. They did send me a copy of my paperwork, but I never got an exit interview, so till this day, I haven’t got to tell my side except for the few sentences I wrote on my write up and termination form. I filed unemployment and it was denied for work related misconduct, so I filed an appeal. My phone hearing is October 26th. I subpeonaed forms from my previous employer, but unemployment office denied it. They said it was my previous employers job to prove I was in the wrong, not me. How is that fair? I’m not trying to prove I’m in the wrong!! They turned in all 3 of my write ups and a copy of the company policies that I signed when I started. 1. Do you think I have a chance of winning without any evidence on my behalf? 2. Should I put a stop to them using my other 2 write ups? They don’t have to do with my termination. 3. Before this I had been with the company for 1 1/2 years with no writeups or verbals or complaints.
I am in Tennessee. Basically the way I see things is that it was all hearsay my word against this woman.
Well, I think you have valid arguments to win the hearing, but I’m a little confused why they denied a subpoena for documents which you think could prove there was no misconduct.
Mention it at the hearing .. it may help you if you need to appeal the hearing decision.
What kind of documents did you try to get?
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