was fired for poor job performance but was never wrote up for the offense only on my termination.i think i was gone for wanting surgery on my knee i was a store manager and if i had the surgery i would be out for three months and everytime i would mentioned it to my district manager she would get disgusted look on her face and say you cant leave unless your store is covered and corp would approve it but i have proof i have a torn acl and miniscus in my knee but she did not want me to go since she would have to keep my job until i came back. already has a new manager coming in next week this has to be wrongful termination. stuff that was on my last write up over half i was never wrote up before only one time before i mentioned my knee for bad inventory after talking about my knee i was wrote up for not counting my outs one week then wrote up for store not being faced up and recovered then fired out of nowhere
None of this helps me help you. You are asking me to discuss your situation based on the details you gave me .. Questions, questions, questions .. that’s all I have right now ..
If you believe it is a “wrongful termination”, you should be talking to a WV employment lawyer .. not asking me a free unemployment question.
Unemployment does not decide wrongful termination which is illegal and a civil matter.
Unemployment will only be looking at those write-ups and employer policy and deciding if you lost your job through no fault of your own because you weren’t properly warned for a violation of a rule or reasonable expectations of the employer.
Additionally, you are in West Virginia and WV is an attorney state .. which means that if you do have any kind of paid representation with you at the hearing .. they must be an attorney.
If you do not understand the implications of this .. let me explain.
If the employer uses a service for their unemployment hearings .. that means the service will contract a WV attorney to go with them to the hearing .. and that is what you would be up against at the hearing.