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I was for terminated for creating unsafe working conditions

by KC

I was for terminated for creating unsafe working conditions

I worked with a company in GA for coming up two years, with a lay off in January 2010 about the same time as my termination this year. After working for this company for awhile, I was promoted to a manager position. Almost a month later, the company GM decided to eliminate said manager position for something better for the company called shift leader. Shift leader only lasted a week and during that one week, I was shift leader 3 days. At no point was the management position announced as available or offered for me to be reinstated. I find out through another employee that the only male in the back had been given the management job, which put him above a group of females, most of which are just as qualified and have been there as long or longer than him.
The reason for my job being terminated was failure to perform job duties therefore creating an unsafe work environment, yet this company provides no training for doing so. I also questioned the general manager about his decision on the management position shortly before being terminated. And yes I was looking for a way to complain about the company, which I think he was onto after I asked him about his decision.
I am trying to be objective so that if I need to, I can appeal a denial.
The person speaking to me during my termination also mentioned me being sick recently( was sick about three days after manager promotion) and the issue with me not being able to come in during the heavy snow fall with ice over the last week contributed to the decision of letting me go. Is it legal to fire someone over being sick and having a doctors note? The GM had to cover for me when I was sick.
I am not looking to go back to this employer, but I am wondering if I have any right to claim unemployment benefits.


Let's be clear, you have every right to file a claim for unemployment .. the question is always whether the circumstances and events a person is fired for can emphatically bar them from collecting benefits, or if there is a valid argument
to be made that misconduct was not present.

I am going to skip right over what the employer promised you .. because it sounds like you not only received some kind of promotion, but might have been fired shortly after receiving a promotion to shift manager.

You mentioned the basic argument if one is discharged for failing to perform by creating an unsafe working environment .. although I don't know specifically what it was .. you said you received no training. Additionally, if this "failure" happened shortly after you were made a shift leader and this was a new job duty .. it makes for a weakness in the employer's case of misconduct.

Of course, there is always the chance that the failure could have been so blatantly obvious to any normal "reasonable person" that the negligence was sufficient to jump right over any need for progressive discipline steps.

I.E., it was so cold one day .. you started a fire in the back room with empty cardboard boxes for warmth ..

I cannot address the attendance issue that was "mentioned" to you .. I don't know anything about your past attendance .. I do know doctor notes are always important to defend absences are out of your control and sometimes inclement weather conditions can also be valid to rebut the absence amounted to a violation of the employer's policy that amounted to disregard of policies .. but ...

If I were you .. I'd stick to precisely what the cause for discharge was .. and if you had never received prior warnings .. all the better for you .. because, how else will the employer be able to prove that you knew your job was in jeopardy?

Can an employer legally fire you for any of the things you mentioned?

An employer can fire you if you cross your eyes .. this is "at will employment" were talking about.

The only question for me and should be for you is whether the unemployment department all the way up to the appeal hearing officer .. will find the reason for discharge rose to a level known as "work related misconduct".

Any argument presented by a claimant ..should always argue to the best of your ability to legally argue .. NO it did not.

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