I was fired on 4/19/12 for "not
being able to do my job" (have letter of recommendation from prev
President who left in Nov 2011 as well as paystubs with hand written notes from
new manager about my great job performance). My unemployment claim was on
hold because my employer stated I quit and was not fired. Unemployment
apparently believed me because my benefits started immediately after the phone
call with unemployment.
Now, employer is appealing that
decision, again saying I quit (same as the first reason) and that I used
abusive language which is reason for immediate termination (the employer seems
to be stating two different reasons - 1) I quit, 2) I used abusive language -
so really, which is it? ESC of NC letter states left work without good
cause attributable to the employer GS 96-14(1)(1B)(1C)(1E) and was discharged
for misconduct or substantial fault GS 96-14(2) or (2A). Employer states
I said "I'm dont...F*** you all" and then left the
premises. What really happened – I was called into the HR’s manager’s
office at approx 12:15pm. The plant manager, was on the phone stating
there was an issue with panel clips and that I was “officially fired”.
They only words I said was “ok”. I got up, sent a text to my daughter at
12:45pm that I was done (she called and I stated I was fired) and started to
pack up my office. The head of HR came in to see if needed
assistance and went to get me boxes. My daughter arrived at the plant at
1:13pm and helped me empty my office. Both the HR person and accounting
person helped pack up my things. The accounting person stated she
couldn’t believe what was happening and the HR person stated she was sorry I
was fired. My daughter was there and heard these statements. I
never once went to the production floor and spoke with anyone (employer states
I went out to the production floor and told 2 different groups I was
quitting). I left the building via a door that was approx. 15 feet from
the office in a warehouse that was separate from the production floor.
Employer states I was warned that my
job was in jeopardy. Attached to the appeal are two written pages
regarding a meeting between myself, HR person (also the controller) and the plant
manager. This is dated 4/11/12 (Wednesday). Nowhere in the written
notes does it state that my job was in jeopardy. I was out of the office
for three days the next week (Mon 4/16 to Wed 4/18). If the notes of 4/11
were advising me to correct errors to keep my job, I was never given the
opportunity to correct those errors as I was only in the office 2.5 days (Thurs
4/12, Friday 4/13 and ½ day on Thurs 4/19, the day I was fired). There is
another hand written and typed notes from a meeting of 3/2, stating areas I
needed to improve. At no point after 3/2 was I advised that my
performance had not improved. I did not sign either of the notes.
As to my job being in jeopardy, I
have a written letter of recommendation from my previous supervisor, the President
stating what a valuable employee I was. The President left the
company in October 2011. Also, I have pay stubs with handwritten
notes from the new manager also stating what a good job I was doing (dated
10/7/11, 10/14/11, 10/28/11, 11/18/11, 1/27/12). I don’t know what
happened after 1/27/12 that caused me from going from a great employee to one
that could not do her job.
I have text messages from an
employee stating the plant told him I was fired (5/25/12, 2:59 pm) and from a
supplier stating I was let go (5/25/12, 2:25pm).
When I received the letter from
unemployment about the appeal, I was shaking so badly I had to sit down.
Even now, I'm still shaken up.
I called legal aid in my
state but haven't heard from the yet. I talked to a private attorney who
wanted $300 just to talk to me so that's out of the question (I am a single mom
of 3 and unemployment doesn't cover my bills never mind attorney fees).
First, I believe I was
wrongfully terminated (I was doing my job as described) and 2nd, now I have the
employer appeal with unemployment. Do I have enough to prove the employer
is lying? I can guarantee that neither the employee nor the supplier will
come forward on their own to state what they texted to me in fear of losing
their jobs (the supplier would most likely be removed as supplier). Can I
sue the employer for lying to unemployment twice? Can I sue for causing me pain and suffering (no sleeping, generally nervous and upset about the impending appeal, etc)?