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Being set up for termination- insubordination NY

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citigirl12

Junior Member
What is the name of your state?New York
I received a warning notice on May 13 with date of one week hence to improve, actions to improve by 20th, however I am scheduled for two days off i.e. 19/20. Is this legal???

Situation:
Working for a non-profit firm since 9/2002 that just hired a new director.
History:I have operated without a title since six months after being hired as an administrative assistant, negotiations for salary increase and title change didn't materialize. However, after last director left June 2004 I assumed almost all responsibilities without request for salary increase or title change - made a net profit for them of over 100k and saved them appx 150k in salaries. This was resented instead of being embraced. CFO previously wanted to close office-wrote it out of budget, forced to put field office back into budget (2003).
Now they hired a new director who has worked with me for 5 out of six days in local office and has written me up for insubordination and negative attitude. How do I answer this?
I believe they are trying to provoke me to quit or set me up for disqualification of unemployment benefits.

I met new director before her hire at a company management workshop of which I was a part, included in manager only workshops, and she is claiming that I was negative to her before she even became an official employee (not true of course)- Referencing this time frame in warning notice. She has taken phrases out of context and used these dates to establish the impression of a longer pattern. I am sure she has been asked to fire me, but I cannot prove it.

My last paycheck due april 29 "disappeared" (never happened before) and then the national office (where the new director was being trained before arriving at the local office); cut a new one to be delivered by new director to me a week later on may 6th a day I was scheduled to be out on a personal day- requiring me to come into the office to collect it.

I would like to know if this is worth fighting and how to do it or will I still not be able to collect unemployment if they fire me for "insubordination" which they provoke???

examples - I have been asked to take the role of administrative assistant (after managing the office for one year alone) I accepted- and clarified that this was exactly the role I was expected to hold, but when I took a deep breath I was accused of having a negative attitude. At this juncture I took a 15 minute break and returned with a smile. Director tried a different line of attack....
We work in a business center, where each office has a door, all doors open to common hallway- if door is left open there is a lack of confidentiailty while on phone (with constituents or anyone else) and office becomes freezing. The door is not kept locked and new director has total access and keys but insists that I keep door open at all times which I believe is inappropriate. Am I wrong? several things like this... New director actually an employee for 2 weeks working in NY office with me 5 out of 6 days in the office (I had personal day for one day).
other unreasonable time constraints were also put upon me for other things.... Please advise or ask me questions to clarify I will be happy to have your educated opinion.
citigirl12
 
Last edited:


Beth3

Senior Member
We work in a business center, where each office has a door, all doors open to common hallway- if door is left open there is a lack of confidentiailty while on phone (with constituents or anyone else) and office becomes freezing. The door is not kept locked and new director has total access and keys but insists that I keep door open at all times which I believe is inappropriate. Am I wrong? Yes. If the Director wants the door kept open, then the door will be kept open. It's just that simple. If you argued with the Director or closed the door after she stated it must be kept open, then you were insubordinate. That is no longer your decision to make.

Nothing in your post remotely suggests your employer or the Director has acted unlawfully. I appreciate it's difficult to step back down to an administrative role after you've been running the office for some time but the choice seems to be pretty clear: either go with the flow and follow the directions or the new Director or prepare to be fired. Whether you will be eligible for unemployment benefits if you are terminated depends on how compelling a case your employer can make regarding your insubordinate behavior.
 

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