I was having a migrane headache and closing my eyes at my desk and I got fired.
A nurse on other side of the building came over to my side after I had finished rounds and called my supervisor as she saw me at my desk with my eyes closed. I told her I had a migraine headache. The supervisor asked if I had had my eyes closed and I told her yes, I had a migraine and was trying to focus on paperwork. I asked if I could go home was told no, I must finish my shift. Two days later I was called in to the supervisor's office and was told she had investigated it and it had happened before .. I told her it had not...she said I was fired.
Now Thomas and Thorngren, Inc is filing an appeal on behalf of employer, stating it was misconduct.
Yup, this is a very, very common occurrence, employer appeals..that is. Thomas and Thorngren is a UI cost control company out of Tennessee...I think.
Had you ever been warned before about closing your eyes at your desk...or being asleep on the job? Because I'm betting that's what the employer is saying you were discharged for. The witness the employer should have at the hearing to prove this is the nurse that went to get your supervisor. If things went down just as you told us here, you shouldn't have too much trouble keeping your benefits, but if the employer provides documentation and testimony to show this was a repeat offense, you might have trouble. What doesn't sound so good for the employer is that she refused to let you go home because of the migraine.
You will just need to go to the hearing, tell the truth and trust that the hearing officer will believe that you were just closing your eyes and not asleep as the employer is going to say you were.
And do make sure you appear for the hearing, otherwise the employer will win by default.