Former employer will fight unemployment

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corinne821

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Need some advice. My former employer always fires for cause so that you can only sue them for what you were fired for and nothing else. They also fight a former employee receiving unemployment benefits and they've won every time but one that I know of. I was a manager of 3 in Accounting and reported to the VP of Finance.

This all started with a stressful decision made by me to an employee who always gives me trouble, M. I knew at that time I had my boss's support of the decision, but when I actually emailed her the answer (as to have it in writing, M has a very interesting view of the world) my boss emailed me later on that night with second thoughts about me making the decision and did I do it for the right reasons (he's thinking I'm retaliating against M for past behaviors). I had repeatedly said no, that was not my reason and also asked if he wanted to meet on this and discuss.

Prior to our meeting I sent him a document of my thoughts. I didn't disrespect him, but spoke my mind. Most of it wasn't good, as I didn't think morale was bad (like he did because I told M no) and didn't think I needed to do anything about it, and some other things. (All emails except the last few were BCd home for my records). I also mentioned that we didn't need 3 clerks as they spent about an hour a day griping with each other and I had recently tried to put a stop to it. I explained I could be that 3rd clerk in addition to the manager, and we could get rid of the problem employee, M. If he didn't like that idea, it was fine. I wouldn't mention it again.

At our meeting, my thoughts on paper really upset him and I was told to justify my salary. And if I couldn't, why did they need me; they could hire an Accounting Coordinator instead and save the credit union money. I was also called immature for bringing up another point that had solidified my decision for the problem employee, M. By the end of the meeting he was ok and I thought it might be the end of it. The next day was the start of my vacation until the end of the week so he said I could leave from our meeting, as I was a little upset.

During my vacation I checked email and found a recap from him about our meeting. I didn't agree with all of it and emailed back that I would have my own recap. In his recap it also set forth an Action Plan with 2 steps to be completed by this month end, one to be completed by mid next month. I also had an email from M, who was borderline disrespectful in regards to my earlier decision. The majority of her emails on "hot" issues are borderline disrespectful. She always has to have the last word.

Monday I got back and in my weekly update to my boss, I had said nothing good had come from the previous week and that since I didn't have his support, I wouldn't be staying. He set up a phone call for the next day to talk. In the meantime, I put together my recap of our meeting. I clarified what I meant in getting rid of one clerk (the problem one) and that I could take over her duties in addition to my own as there isn't enough work to keep me busy. I also clarified the issue he had called me immature on. I also asked him to not threaten me with an Accounting Coordinator position as it had zero effect on me. I also said I will do what he asks while I am here. I will meet with my clerks and find out how to improve morale, among other things. He cancelled our phone call to reflect on what I had said. In the meantime, I had the meetings as requested in my Action Plan with 2 out of 3 employees. M was on vacation. I emailed him a summary of each meeting with my clerks (I do not have these emails).

By Tuesday afternoon I had a meeting request between me, my boss, and the VP of HR on Thursday afternoon. I thought the worst, but realized I hadn't really done anything wrong, and it takes a lot to get someone fired at this place because of them not wanting to pay unemployment. I noticed on his calendar he had an additional meeting on Wednesday with the VP of HR regarding department issues. At the meeting on Thursday, I was terminated. I felt it was unfair, as I had no prior write ups or warnings. (My problem clerk, M, had one write up and numerous documentation; another manager under my boss who acted just like M was transferred to other bosses). They said I had a poor attitude and was insubordinate, using my thought writings against me. I told them the insubordination was garbage as I had started with the Action Plan items. He refused to acknowledge that I did anything towards it and said I was unhappy here and it showed. They knew my resume was up online and I was looking.

So by Friday morning the position of Accounting Coordinator is listed at my former employer. New position, not the management I was and less education required. I also found out on Monday afternoon that they let go my problem employee, M. So I'm thinking I was betrayed to a department restructuring (that was mostly my idea) that they didn't want to pay me unemployment for by just firing me, so they had to find something to use against me. Again, no prior warnings or write ups, and different treatment from two problem people my boss had to deal with. And I did what he asked.

I'm not one to sue, but feel I should get unemployment. What do you think?
 
Doesn't matter what I think. Only matters what the claims examiner in the UI office thinks. And he doesn't care what I think.

But I'll tell you one thing I think. I think that if you apply for unemployment, you may get it and you may not, whereas if you don't apply for unemployment, you definitely won't. So I think it's a no-brainer that you should apply. The worst the state can say is no, and if it does, you're no worse off than if you never applied in the first place. (And you can appeal the decision.)

The other thing I think is that 90% of what you posted was irrelevant.
 
Actually, I think you'll find that most of it is irrelevant to them, too.
 
Thanks MOM.

May be irrelevant to you, but not to the UI agency.

Well, joining this forum was stupid.


My, my, my; why are you so ungrateful?




You asked a question, and received a valid answer.


I might add, most unnecessarily, that answer was spot on by CBG.

You might have been more gracious to CBG.

Let me try this one for you, OP.


Sure, go ahead and sue those devilish state UI officials.

In fact, you tell 'em, killer; just the way you did that mean old boss that fired you. Oops, that didn't end well, did it?

Nevertheless, file for UI.

As you've been correctly told, you can't collect unless you do file.
 
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I wasn't planning on suing the "devilish state UI officials", where did that come from? If you can't properly dish it out, please don't.

And, yes, UI denied it and now I am protesting. Why would UI consider what really happened irrelevant? I have not had the pleasure of filing for unemployment before, but would think that they would want the FACTS and not just my "mean old boss's" version. I had an epiphany tonight of suing my former boss, just him and not the company for what he did. I just remembered that HR probably didn't know that we met, discussed, and put together an action plan for me to do, which I did. I bet he "neglected" to tell her that. He has a serious problem of leaping, then looking.
 
I wasn't planning on suing the "devilish state UI officials", where did that come from? If you can't properly dish it out, please don't.

And, yes, UI denied it and now I am protesting. Why would UI consider what really happened irrelevant? I have not had the pleasure of filing for unemployment before, but would think that they would want the FACTS and not just my "mean old boss's" version. I had an epiphany tonight of suing my former boss, just him and not the company for what he did. I just remembered that HR probably didn't know that we met, discussed, and put together an action plan for me to do, which I did. I bet he "neglected" to tell her that. He has a serious problem of leaping, then looking.


I'll bet HIS recollection bears little resemblance to yours.

Look, we don't care what you do.

None of us has your problem.

You were give a valid answer by CBG, now leave!
 
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