neveragain77
Member
New York State: I was denied unemployemt on the basis of misconduct. What do i need to prove. Is there some general measurement about acting in a way that any reasonable person would believe would not be misconduct or soemthing? Here are the details.
My boss and i were having a relationship, he ended it "no more relationship" I called a friend. 45 mins after the initial "no more relationship" he told me i was fired (aka, he fired me) and claimed to HR it was because i was on the phone, being insubbordinate and unprofessional. I filed for unemplyt.
WOrkers comp. sent me a letter that i was denied b/c: As per my handbook, it says no phones and i was on the phone".
There are 3 seperate locations. I worked at the one that this guy (D) manages, but i have worked there for one year and this manager, (the one i was having a relationship with, the one who fired me, and the highest ranking manager), permitted us to use our cell phones. He uses his, everyone uses theirs in front of him, for a full year no one has ever been reprimanded for doing so, told not to do so, i've never even heard it mentioned - under any circumstances. He even approached me during the phone call and asked me to lower my voice. I did so immediately.
The day after i was fired, i went back to HR and explained what really happened revolving around his firing me. HR claims that it was *she* who fired me, b/c after D. said "you're fired, get your things and get out" he brought me over to HR, (btw, AFTER telling me, that he over-reacted and he was going to set it straight, this guy is a complete a-hole), brings me over there, meets w/ her in private, she asks me if what he said was true, was i on the phone, i said yes, they met in private again. she said ok, for not following company policy and for being insubordinate, we no longer need your services, and had me sign a piece of paper.
I want to appeal, what do i need to state/prove in order for me to win? If i prove that we were always permitted to use cell phones, is that good/fair enough? B/c if we were always permitted, and no one ever asked not to, then he fires me for it, didn't i have no reason to believe this would be a problem? esp after i followed his orders re: my using my phone that day. I have never recieved a verbal or written warning for *any* misconduct on the job, (i have rec'd letters of praise from clients, i did a good job for 1 year there, and 6 months at their other location.). What to do? thank you.
btw, the owner is totally pissed off, while the owner is never present at our location, he owns them, after i was fired, um..i told him i had sex w/ D. in D's office. And D is his Golden Boy, (gets away w/ alot). Soooo...it might be a little personal for him. i can see them fighting this.
(also, i did write in the boxes of the online unemplyt application that: i rec'd no verbal or written warning. others have done the same and never been punished or repremanded. he fired me after ending our relationship. i had no reason to believe my job was in jeapordy when he fired me.).
My boss and i were having a relationship, he ended it "no more relationship" I called a friend. 45 mins after the initial "no more relationship" he told me i was fired (aka, he fired me) and claimed to HR it was because i was on the phone, being insubbordinate and unprofessional. I filed for unemplyt.
WOrkers comp. sent me a letter that i was denied b/c: As per my handbook, it says no phones and i was on the phone".
There are 3 seperate locations. I worked at the one that this guy (D) manages, but i have worked there for one year and this manager, (the one i was having a relationship with, the one who fired me, and the highest ranking manager), permitted us to use our cell phones. He uses his, everyone uses theirs in front of him, for a full year no one has ever been reprimanded for doing so, told not to do so, i've never even heard it mentioned - under any circumstances. He even approached me during the phone call and asked me to lower my voice. I did so immediately.
The day after i was fired, i went back to HR and explained what really happened revolving around his firing me. HR claims that it was *she* who fired me, b/c after D. said "you're fired, get your things and get out" he brought me over to HR, (btw, AFTER telling me, that he over-reacted and he was going to set it straight, this guy is a complete a-hole), brings me over there, meets w/ her in private, she asks me if what he said was true, was i on the phone, i said yes, they met in private again. she said ok, for not following company policy and for being insubordinate, we no longer need your services, and had me sign a piece of paper.
I want to appeal, what do i need to state/prove in order for me to win? If i prove that we were always permitted to use cell phones, is that good/fair enough? B/c if we were always permitted, and no one ever asked not to, then he fires me for it, didn't i have no reason to believe this would be a problem? esp after i followed his orders re: my using my phone that day. I have never recieved a verbal or written warning for *any* misconduct on the job, (i have rec'd letters of praise from clients, i did a good job for 1 year there, and 6 months at their other location.). What to do? thank you.
btw, the owner is totally pissed off, while the owner is never present at our location, he owns them, after i was fired, um..i told him i had sex w/ D. in D's office. And D is his Golden Boy, (gets away w/ alot). Soooo...it might be a little personal for him. i can see them fighting this.
(also, i did write in the boxes of the online unemplyt application that: i rec'd no verbal or written warning. others have done the same and never been punished or repremanded. he fired me after ending our relationship. i had no reason to believe my job was in jeapordy when he fired me.).
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