Search This Site.

My appeal was postpend

by Jonathan
(Arizona )

I was fired for breaking a rule/policy, I work for a convenience store. Here is a quick back story of what was going on. I had been with the company for two years, in NOV of 2010, my manager went out for surgery, so after a few weeks we got a new store manager, well long story short, things went down hill fast, all with in a week.

Well we had problems at the store so new rules and polices were made to help correct the problems. I was fired for what they are saying is misconduct and disregarded for the company.

The reason I was fired was for not paying for food items before I ate them. The night I worked and did this, I had been sick, so we sold soup, I wanted soup, I had some soup and some other things for lunch.

I was the only one working, I did pay for the items a little bit later in my shift.

Today the appeal was asked to be postponed because my former employer said that had written documentation that I was aware of this new rule that I was let go for. The hearing judge did not have the written documents so he did let have the postponed meant.

I do don't remember signing anything that states this new rule, which was that you must pay for things first, like food items or drink items before you consume them. It was a first offense, I was never given a warning. I know
they wanted to let me go, which was fine with me.

So if they do have proof that I knew about the new rule then my argument that I was unaware of it is not going to hold up. My store assistant manager was always doing the same I did, but I cant use her, for the fact she was on vacation during the time that this all happen.

So at this point I think I am not going to win.

Jonathan .. really?

Who wouldn't remember signing for a new rule the employer went to the trouble of making you aware of? ..

And you've already screwed yourself here .. because you stated you were made aware of the rule ..

You yourself just told me .. the the replacement manager and the company instituted new rules when your old manager went out on medical leave.

If they are saying that they had you sign an acknowledgment .. you should have already been given a copy of the "new rule".

Now, why don't you tell me what the consequences for violation of the new rule say to let you know that one occurrence could put your job in jeopardy of being terminated.

And why don't you tell me if you have had any other write-ups during your tenure with this company in the past.

And while you're at it .. do you happen to understand the employer's policy for disciplining it's employees?

By the way, did you happen to save the receipt that proves you paid?

Comments for My appeal was postpend

Average Rating starstarstar

Click here to add your own comments

Jun 08, 2011
simply the real
by: Anonymous

I don't wan tot be nasty like the guy above me but he's've lost already..the company can fire you for anything they feel is not in the companies best interest.

You have to abide by all the rule..thos it isn't right that they let you go they still will win and will do whatever it takes to make you sound like a hazard..

It is very seldom that you will win over the phone...more destined to lose..this inst what you wanted to here but if you have to pay money back just do it the best way you know're not alone..there are many in the same shoes. And NO company wants to give you the money you earned..its sad but thats just the way it is

Nasty? Really?

Chris .. the guy.

Feb 14, 2011
by: Anonymous

I don't remember ever seeing anything in writing, that explained the new rules, it was brought up during a staff meeting, and even then it wasn't to clear of it was a rule or just something that might be a good idea to do. I could of easily misunderstood what was being said.

I don't remember seeing paper explaining the new rule.

I had a few write ups, but to be honest I do not remember what they were for, as its been close to a year since I was last written up.

The only thing I remember signing the day we had the staff meeting was an attendance sheet for the meeting.

If I remember correctly, it was first offense was a verbal warning, then second was consoling, then the third was write up or termination.

I did understand the the company's policy for breaking rules, that's why I was suprized that I was fired for the first offense

I threw away the receipt after I recorded the transaction, but the day I was let go I went to my bank and got a transaction list for the day they said I did what I did.

Now the funny thing is when I was being let go, the never accused me of stealing, but they did say that they didn't see me pay for the items.

Jonathan .. have you submitted the bank record with the transaction that show you paid .. for the hearing?

How about the employer's progressive discipline policy that I am assuming says those warnings from a year ago .. no longer count?

And by the way .. all that stuff you don't remember and are just trying to recall to the best ability of your memory ... the employer can take care of proving what you don't remember.

And one more thing .. I'll bet if you signed that staff meeting sheet .. there's going to be someone to testify about what was discussed .. to make you aware.

Click here to add your own comments

Return to Unemployment Appeal Questions.

} }