Can I subpeona employer records?

[Becca4277]

What is the name of your state? PA

As stated in another thread, I am appealing for unemployment after my employer won their appeal.

Per research I have completed on "willfull misconduct", if I can prove that what I was terminated for was accepted for other employees, it is not willfull misconduct. Here is what I found:

For violation of a rule to be "willful misconduct", the rule must be fairly and consistently applied (Spirnak v. UCBR, 557 A.2d 451 (1989)). If your employer has tolerated rule-breaking in the past, your breaking the rule now may not be considered "willful misconduct" (Penn Photomounts v. UCBR, 417 A.2d 1311 (1980)).

So for my appeal, I would like the phone records for other employees to prove that I was not the only one breaking the rules. Is this a reasonable request? Everyone else was given a warning, and I was flat out fired.

Thanks!

 

[Son of Slam]

What is the name of your state? PA

As stated in another thread, I am appealing for unemployment after my employer won their appeal.

Per research I have completed on "willfull misconduct", if I can prove that what I was terminated for was accepted for other employees, it is not willfull misconduct. Here is what I found:

For violation of a rule to be "willful misconduct", the rule must be fairly and consistently applied (Spirnak v. UCBR, 557 A.2d 451 (1989)). If your employer has tolerated rule-breaking in the past, your breaking the rule now may not be considered "willful misconduct" (Penn Photomounts v. UCBR, 417 A.2d 1311 (1980)).

So for my appeal, I would like the phone records for other employees to prove that I was not the only one breaking the rules. Is this a reasonable request? Everyone else was given a warning, and I was flat out fired.

Thanks!

Grow up and get a job, crybaby. Come work for me and I will fire you just because I think you are a putz.

 

[Beth3]

So for my appeal, I would like the phone records for other employees to prove that I was not the only one breaking the rules. Is this a reasonable request? You're going to have to discuss this with the Unemployment Division. Only they can advise you whether you can subopena these records. If you get the records though (and that's a very big "if"), how are you going to prove these were personal phone calls? Do you have the phone numbers of all your co-workers' families and friends?

 

[CheeseBlotto]

Wouldn't all of the time and energy required be better spent finding another job?

 

[Becca4277]

Phone records with a local exhange proves that they were personal calls, since 99.5% of our cliental were located out of state (this info is easy to pull up).

As far as my energy going towards finding another job, my first "job" is to my 2 and 3 year old in which I am home with all day while my spouse works. The job that I was terminated from, was 3 nights a week from 6-11 p.m., within 10 minutes of my home (I live in the middle of nowhere, so there really is no where else I can go to work). I was there for a 1.5 years with excellent reviews. Due to downsizing, a few departments merged so less employees were needed. I feel strongly that I was made the example of and fired. The night was I was fired, I was told that I was not the only one going out the door, come to find out, I was.

I thought this site was for actual advice, not rude comments. Sorry I posted.

 

[Beth3]

Phone records with a local exhange proves that they were personal calls, since 99.5% of our cliental were located out of state (this info is easy to pull up). That's not proof; that's only an assumption. Other types of business calls could have been made locally.

Without proof that these were all personal calls, I don't think this is much in the way of evidence. You'll have to provide a list of all the customers, all their phone numbers, a list of all the employees, all the calls they made, who the individuals they called were, and what relationship they have to the employees. Frankly, I just don't see how you're going to do all that.

 

[cbg]

I also seem to recall from your first post that you admitted to making more personal phone calls than other employees. That, in itself, MIGHT (I am not saying WILL) be enough to cross you over the line into willful misconduct even if other employees are found to have been allowed to make personal calls without penalty.

 

[CheeseBlotto]

I thought this site was for actual advice, not rude comments. Sorry I posted.

It's also for insulting idiots.