Today I received papers from the Oregon Department of Unemployment saying that I will have a hearing in 2 days because my ex-employer is contesting the unemployment decision from when he fired me back in November. The findings of fact that the state sent me from the first decision is this. I was fired for "performance issues", my boss was not satisfied with my performance on the weekend of Nov 2, I was on workman's comp until Nov 24 so my employer couldn't fire me till then, and I was given no warnings. Their conclusions from the first go around was this. "Claimant being discharged for performance issues was not a willful or wantonly negligent disregard of an employer's interest. Claimant was discharged but not for misconduct connected to work." Here's what I feel happened. I was a close friend with my employer and on Nov 2nd I came in to cover the restaurant while he left to teach a class at a nearby kitchen. After he left he I slipped on the floor and hurt my back due to blood that he been working with being on the floor. I contacted him asap and told him about the injury. He was grateful that I was ok to finish my shift but the next day I made a appointment to see a Dr. I was unable to work the next day due to pain. The day of my Doctor's appointment I felt like I could work up till my appointment. My Dr took me off work for a little over two weeks and the day I was suppose to return to work I received an email firing me due to performance issues. I think it is because I turned my injury into his workman's comp. Another twist is that I'd like to submit a text message I received from my employer. It is from Nov 8 stating he would love to get rid of another employee if I'd cover her shift. It proves that I had no performance issues. I called the office handling my case and asked them how to submit it as evidence and they said they could not help me. First off how do I submit a text message as evidence and secondly how should I handle the phone hearing I am having in two days?
