wrongfull termination

[shannon44]

Hello,
I have been initially denied unemployment benefits due to alleged misconduct.I was told by my supervisor that i was fired for discussing
wages and he claimes that i demanded to know the wages of other
employees and was hollering at them!This is his and the H.R.'s dpt.
basis and reason for termination.My supervisor was not present when
the alleged hollering occured and wrote that he recieved this information
from the testimony of other first hand witnesses.These witnesses make no mention of any hollering but that i was upset that i had found out i was being paid less than co-workers with less tenure and who were not as skilled.
The NLRB has logged a complaint for violating a protected activity
i.e. wage discussion because the employeer in a written statement to the
unemployment office claimed they had a policy that forbid the discussion of wages.
There is a appeal hearing scheduled on march 10 2010 to resolve the
unemployment issue.I would like suggestions as to how to win this appeal
please respond and if you have any further questions to clarify i will reply
Thank You.

 

[theretoo]

I just won my unemployment on appeal, under obviously different circumstances, but I will also note that the employer still has the option at this point (in my state under CA UI) to appeal the appeal.

If you have the information from the NLRB, your filing paperwork, etc. take it with you. If I understand correctly, you are saying that according to the NLRB (are you a union employee?) that discussing wages is a protected activity of sort? Sorry, I don't anything further on what your discussions may be with the NLRB, however, certainly take a copy of your complaint and anything from the NLRB that states that what the employer says you did, may be considered a "protected" activity. If you are covered under NLRB provisions and the employer's so called "policy" not to discuss wages is trumped or you think it should be, by what the NLRB has told you, then that should suffice. Unemployment hearings here in my state are pretty casual, no atty needed or anything. We had our first meeting that the employer was totally unprepared for, so we continued for about 2 weeks out and then they never showed up for the 2nd hearing.
I won based on our state law, however, the employer still has about 3 weeks to appeal or ask for another judge if they don't like the decision.

If an NLRB rep or atty or a union atty is willing to attend the hearing with you, that may help.

 

[Patricia_Young]

The OP asked for advice on the unemployment hearing, not for advice on a wrongful termination suit, two completely separate things.

OP, if you have any witnesses to this conversation where the "hollering" is alleged who will testify that you did not "holler" bring them with you. You may have to notify the state that you have such witnesses and how the hearing officer can contact them if the hearing is by telephone.

 

[cbg]

Just to keep the record clear, the post to which Patricia was responding, was in fact a spammer. Both post and spammer have been deleted.

 

[Patricia_Young]

Just to keep the record clear, the post to which Patricia was responding, was in fact a spammer. Both post and spammer have been deleted.

Thanks. Sometimes it's hard to tell the difference. :cussing: