montanadigital
Junior Member
I worked at a level III.5 medically supervised, residential in-patient treatment facility for over a year. Unemployment disqualified my claim for 'violating a known rule'. Included in my 67 page initial response, I proved-out multiple instances of management ordering me to go against published protocol over the entire range of my employ. I also submitted a single-patient case study of how we worked with patients that the COO personally did not like. In their primary reason, they cite an instance of violating a rule that i proved I sought guidance for, from management, over a six-week period. Management ignored me. All other staffers including the licensed clinical professional on the property, knew exactly what went on and were supportive in this instance. They also remained mute towards management. Am I wrong to think that that constituted an endorsement in good faith?
My argument is, how can any employee follow rules that are made up as management goes along? Is a published rule, and violation of that rule with demonstrated mitigating circumstances, proven on the employers own internal documents, still applicable as just cause for termination?
My initial response was very-very detailed and supported with internal documentation. I successfully proved-out 80% of the reasons my employer cited in their contest of my claim. Still I see a disqualification. Is it worth a request for redetermination? Should I continue toward an appeal and hearing? I have several former patients whom arewilling to draft statements regarding the conditions of the property I worked at and how typical the problem was that led to my decision to break the rule. They are legitimate and definately mitigating to any reasonable adjudicator. Is it worth it to keep persuing this claim? Montana
My argument is, how can any employee follow rules that are made up as management goes along? Is a published rule, and violation of that rule with demonstrated mitigating circumstances, proven on the employers own internal documents, still applicable as just cause for termination?
My initial response was very-very detailed and supported with internal documentation. I successfully proved-out 80% of the reasons my employer cited in their contest of my claim. Still I see a disqualification. Is it worth a request for redetermination? Should I continue toward an appeal and hearing? I have several former patients whom arewilling to draft statements regarding the conditions of the property I worked at and how typical the problem was that led to my decision to break the rule. They are legitimate and definately mitigating to any reasonable adjudicator. Is it worth it to keep persuing this claim? Montana
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