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My mother was fired for aggravating her boss,

by Anonymous
(Nebraska Unemployment Benefits)

Hey


Thanks in advance for any advice you have on this situation. It involves my mother who worked for an irrigation company as their secretary for 6years. She was best friends with one of her bosses, who was a seemingly nice lady. She worked for her friend, and her friends boyfriend who are co-owners.

About a year ago now, my mother and her boss had a big argument away from work (they hung out alot together off work) about some coworkers which ended their friendship. This has made the workplace pretty estranged for my mother, as she has to tip toe around this former friend and current boss. They have not been friends since, as my mothers boss doesn't want to make friends.

About a month ago, my mother called her boss after work hours to ask him a personal question about work that day. Apparently it made him angry and he called my mothers other boss and former friend, who outraged, called my mother drunk on friday night and fired her.

My mother is now currently trying to file for unemployment, and her former boss is appealing her claim, stating that she was late alot and claims my mother was disrespectful to a customer!! My mother was probably slightly late once every couple of weeks. She was never given a written warning or verbal warning for being late.

Angry for my mother, since her boss is a longtime family friend, i got involved and called her former friend, who told me over the phone that she basically fired her because of the phone call my mother made to her boyfriend. She told me it was later AFTER SHE FIRED MY MOTHER that one of the other employees stated that my mother was disrespectful to an employee,
making it obvious to me that this is not the reason she fired my mother.

Now my mother has been denied for unemployment,, and i feel bad for her. IT seems she was fired for personal reasons, as she was very good at her job and as i said worked there for several years.

The big question is, can my mother appeal this denied claim? Is it worth the pursuit? Could i get involved because i spoke with her former boss and she told me right on the phone that she was basically lying to the unemployment office as to the reason for firing my mother over a customer? This is really starting to infuriate our family.

Sorry for the long story, but it is such a bizarre one, thanks again for any help on the matter



Hi,

Can your mother appeal? Absolutely as long as she appeals timely.

Is it worth pursuing? Definitely.

And you can be a witness with direct testimony of your conversations with this former "friend/supervisor" of your mother's.

One question though. What was the question your mother asked the boss man? I'm hoping it won't change my opinion.

By the way .. it's not that bizarre .. and the employer can talk attendance issues all they want .. but can they prove it? If it ain't written .. it didn't happen so how will they prove your mother was made aware and knew that her job was in jeopardy because of being late?

Same thing goes for customer complaints ..

But I'm still wondering why Nebraska found in favor of the employer .. if they didn't have any documentation to support "work related misconduct".

Oh well, that not a bizarre happening either .. but it is one that only an appeal hearing can correct.

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Jul 19, 2011
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by: Taylor Hoier

One more question for you.

I was wondering if it would be beneficial for my mother to get into contact with someone in the area that has expertise in this matter? For instance, someone that would represent her at the appeal hearing? If so what would be a roundabout figure for representation in Nebraska?

Taylor



Taylor,

The purpose of this site is because I emphatically believe that especially in cases like your mother's .. the unemployed person is best off to let someone with experience representing at UI hearings handle the case presentation for them.

Clearly, her termination was contentious from the moment if happened and the employer is already stating a false reason for the decision to fire her .. so why, would anyone think they're going to change their tune at the hearing .. in fact .. I think a rep would love for them to pursue their reasoning for termination .. because a good rep could beat them up when cross examining.

Nebraska conducts phone hearings and they do not require a hearing rep to be an attorney .. but I have only been able to find one group of reps that I can refer to from this site .. willing to represent claimants.

You could always try looking for a lawyer or a non-attorney yourself .. be it free legal or some lawyer referral service.

But if you do decide to fill out the referral form for hearing representation on this website it can should work fine for your mother .. because she's in NE, NE conducts phone hearings and hearing reps are not required to be attorneys.

Jul 19, 2011
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by: Taylor

Thanks for the quick reply Chris!

She was just denied today, which surprised me and lead me to this website for questions. She has 20days to submit an appeal after today.

The conversation on the phone with her former boss was not work related, rather a question if he had said anything about a comment she made at work. One of her friends was apparently fired at a law firm, which this boss had overheard her saying. She had just wondered if he had said anything to anyone. Apparently this insulted him and his girlfriend, who told me that my mother has no right to accuse her bosses of anything! Moreso i think the boss was angry that my mother had called him at night.

I am glad to hear that i can testify to our conversation, i wished i had recorded it with my cell! but i just read somewhere that recording someone without their knowledge can be illegal, so i'm glad i didn't.

There are time cards at work, so there is proof that she was tardy to work on occasion. BUT they had never given her any conversations that she was going to lose her job or any write ups on it.

At the end of it i really feel that they fired my mother over personal reasons of their own and not due to any work related offenses, that they are now trying to use to get her denied, so sad,,

Thanks again for the input and QUICK response! Very much appreciated, and glad to hear we are not done fighting yet. This goes too far!

Taylor




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