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What are the chances of winning my appeal?

by Kristen
(Denver, CO)

My previous employer denied my benefits due to 'you did not meet the established job performance standards. I was fired for insubordination. I worked for this company for 15 months and for the last three I had been promoted to another position. My new supervisor continuously set new rules and held me to a different standard than any other employees. For example she would make me clock in and out with her daily via computer because she said that I was constantly late. I was not late and we didn't even work at the same location. I even had the clinic manager that was onsite state that I was not late. This company did not have a time clock, employees were not required to clock in or out. This was not done in my previous position and NO other employee that I worked with had to do this. My supervisor and I had a meeting on a Thursday in which I was wearing jeans (in my previous position was never a problem)as did many other staff and I was told me to read the company handbook because jeans were only allowed on Friday's. I explained that most of the staff and onsite managers were also wearing jeans so I did not know it was a problem and I read the dress section again and it did not state that jeans were prohibited only jeans with holes or tears. Instead of talking with me she scheduled a meeting in HR. I called my HR director, he did not call back. I then sent him an

email and said that I would like to talk with him about feelings of harassment from my supervisor. At the HR meeting I was fired. I do not feel that I was at all insubordinate, I feel like I was bullied and that if I had not accepted the position I would still have a job. Will this be enough to win an appeal? I have all the emails, that I consider harassment.


Have you submitted the documentation from the handbook that supports the fact you were being held to the personal standards of one supervisor .. vs. the employer's documented rules?

And do not under estimate the importance of the fact that you had only very recently been moved into a new position .. if it was a promotion .. any performance issue is relative to the time in the new position because as we all know .. there is a learning curve for positions with more responsibilities and duties and this is something that is needed to be documented so you know what you have to improve upon.

Insubordination is a refusal to comply with a reasonable directive from an employer ..

Take the trash out .. it's your job. No, I won't take the trash out.

This is a simple form of insubordination .. so I suspect that although the employer said the reason was insubordination .. the claims adjudicator .. or deputy .. as I think CO calls them .. decided it was really a performance issue.

If you want to talk .. I am available for consultations.


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