Won appeal in Tennessee, employer appealing to board of review.
I was fired from my job in Tennessee back in June for what my employer had cited as unsatisfactory job performance and excessive tardiness. Not once during my 4 months with the company was I reprimanded for any reason. The issue was clearly an experience problem. It was a maintenance supervisor position for an apartment complex. I felt like I was ready to take it on and they decided to give me a chance in which they apparently thought they made a mistake. I was completely honest and they knew I had less than 2 years in the field but hired me anyways. I had only been late twice and those were issues beyond my control involving my kids being sick and outside a couple of notes attached to work orders asking me to complete the tasks in a more timely manner, I was never counseled over my performance.
Anyways I was turned down initially for benefits because of the lies my former employer told the state. I appealed and won rather easily. I was prepared, they were not. Their rep was my former district manager that tried telling the hearing officer that I was late all the time and I had been written up for performance issues but that I had refused to sign the write up (totally fabricated). Having no documentation to support their claim the officer sided with me and the decision was reversed. Last week I got a letter in the mail from The Tennessee Dept. Of labor Board of Review Commissioners designee and it said the employer had appealed the decision of the appeal tribunal and that the commissioner’s designee had decided to hold a hearing to allow the employer and myself if I choose, to submit additional evidence and testimony. The hearing is this Tuesday and Friday I received via Email my former employers “evidence” which is clearly altered time sheets to make it appear that I was late almost everyday I worked there and a completely false and bogus write up I allegedly refused to sign.
How should I handle this hearing? For one it’s a violation of their policy to refuse to sign write ups. That would have most certainly caused an immediate termination. It could probably be proven by a copy of their own employee handbook but there is now not enough time given to collect that by supoena.
I don’t know how they secured this hearing but I never would have had I lost the initial appeal. They are truly playing dirty and any help would be greatly appreciated. I’m trying hard to secure employment but this stress isn’t helping. Plus I know the State nor employer care, but I’m a father of 4 children just trying to raise them. Thanks!
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