What is the name of your state (only U.S. law)? California
Good morning all. I apologize, in advance if this is in the wrong forum.
I was employed with a large video-game publisher (through a temp agency) for 2.5 years. Never had any write ups, disciplinary actions or warnings. My reviews generally ended with "We couldn't ask for anything more". Near the end of my time there I had 2 deaths* in the family which fairly close, about 2 weeks apart. I requested unpaid time off (2 weeks) since we don't get paid leave of any kind due to being temp employees, in order to assist my mother in taking care of my grandparents unfinished business and religious proceedings which was approved by my immediate acting manager since our department had recently lost it's permanent manager. The week that I returned, I let my manager know that I would need one more additional day off in order to pick up my parents from the airport and help them settle in, which was also approved.
I was then called by the HR department that week and told that due to recent happenings in my family that my acting manager decided that it was in both parties best interests to relieve me from my duties so that I could "tie up any loose ends" and once that was done, that I could re-apply for my position when I was ready to work again. I let HR know that I ready now (at that time) and didn't understand what the issue was since I had approved time off. She responded, saying "I know, I understand, but your manager thinks that this is for the best, so we just want to follow through with their request." I again stated that I didn't understand their reasoning, but that since I was being released due to no fault of my own, asked if I was eligible for unemployment benefits and her response was "Yes, go ahead and apply." I did and received benefits. I then received a letter stating that they were appealing my benefits and would have a phone interview scheduled. After having the phone interview and responding to the questions asked, I received another letter with the judgement and second appeal.
The judgement stated that the employer said that I misrepresented my reason for termination. That I was a no-call/no-show and that they did not find any evidence showing that I misrepresented anything for my claim so they were denying their appeal. The attachment to it stated that the employer was appealing that decision and that I would be receiving another letter, letting me know when to appear for a hearing. Unfortunately, I no longer have access to my work email (as it should be, since I am no longer an employee), but because of this, I no longer have the ability to print out the time off request and approvals that were in my email account. I'm not sure, what I can take as proof to the hearing to validate my side of the story and am wondering if anyone has any advice for this?
What I do have are some text messages on my phone from the date that I was released, basically a conversation with my then acting manager's assistant. Where it starts off with me letting them know that it was nice working with them. They then responded with "I just heard, I'm sorry to hear that. A few other guys in your department were let go today as well. Do you know why?" In response, I said that I did not know why, but there was a brief mention of it because I asked if I could come in to gather my personal belongings and the response form HR was that they did not think it would be an issue since the reason I was being let go, was different from the reason everyone else was let go on that day. To which they then responded with specifics, saying "Oh, they were let go because they had a program that was not approved by the company running on their computers." I then let them know everything else that I stated here, about my grandparents passing, the time I'd taken off and how I was told that I could re-apply at a later date and collect unemployment in the meantime. Since they already knew the specifics of the layoffs that had happened that day, I am sure they knew my specifics as well and did not correct or deviate from the reasons that I was given. Due to the specifics they gave me about the other layoffs, I assume that they would have corrected me if I had given them information that was misrepresented.
In the end, I feel that my firing was actually wrongful termination and they are covering themselves. The reason that I feel this is because about a month prior to the deaths in my family happening, they tried to fire a new employee on our team and I prevented it from happening. The new employee found that there were employees working off the clock and that our acting manager was aware. He collected evidence and asked a few of us if he should go to HR with this. I let him know that I personally had not witnessed this, but that if he had proof, he should do whatever his gut feeling told him to do. In the end he decided not to go forward with this evidence to HR. This did get back to our acting manager and the employees who were working off the clock. They were infuriated, to say the least, and were out to relieve him from his duties. I then stepped forward and spoke to HR. I let them know that I did not think that it was fair that our new employee was being fired, especially since he was hard working and had not done anything wrong. I let them know about the evidence he had and that it had gotten back to the acting manager and the group that was working off the clock and that was the reason he was being targeted for termination. Upon returning to my office, my acting manager called me in for a meeting (along with the employees who were working off the clock), he addressed the group and said "We have a problem..." he then focused on me and stated "Someone ratted you guys out." everyone was quiet and I was then asked if I could leave so they discuss other private matters. I already knew what that was. The team camaraderie changed, obviously, but as I told HR "I don't think it's fair to fire an individual just because someone else decides they feel threatened, because they were breaking rules/laws and were caught by said individual. That it made me fear for my jobs safety, if it was that easy to get rid of someone while letting those who break the rules slide." To add, no one in that group was fired and neither was the individual who had gathered proof of rules/laws being broken. Because of this incident, I feel they decided that I wasn't playing ball with them and didn't want me there. I'm okay with that, I would rather not work for a company that is okay with breaking laws. Though I do feel it was retaliation.
I did speak to a lawyer who told me that he felt that I had a case, but that because there was so much "office treachery and backstabbing" going on, that the case was really risky and would not feel comfortable taking it, but suggested that I try to find a lawyer who would take that risk. His response pretty much cemented it as a lost cause for me and I was satisfied with getting my unemployment while looking for a new employer, but now they are trying to take that away.
*Grandmother passed away due to a tumor. Grandfather suffered Cardiac arrest 2 weeks later in which he did not receive oxygen for too long a time causing brain death. While he was being kept alive artificially, doctors stated that he was gone and would not return. Family battle ensued in which half his children wanted him disconnected so he could rest and the other half did not, in case he came back. That is a whole different issue though, so this is included only as a footnote.
Any how, if you've read this far, thank you. Any advice would be appreciated.
Good morning all. I apologize, in advance if this is in the wrong forum.
I was employed with a large video-game publisher (through a temp agency) for 2.5 years. Never had any write ups, disciplinary actions or warnings. My reviews generally ended with "We couldn't ask for anything more". Near the end of my time there I had 2 deaths* in the family which fairly close, about 2 weeks apart. I requested unpaid time off (2 weeks) since we don't get paid leave of any kind due to being temp employees, in order to assist my mother in taking care of my grandparents unfinished business and religious proceedings which was approved by my immediate acting manager since our department had recently lost it's permanent manager. The week that I returned, I let my manager know that I would need one more additional day off in order to pick up my parents from the airport and help them settle in, which was also approved.
I was then called by the HR department that week and told that due to recent happenings in my family that my acting manager decided that it was in both parties best interests to relieve me from my duties so that I could "tie up any loose ends" and once that was done, that I could re-apply for my position when I was ready to work again. I let HR know that I ready now (at that time) and didn't understand what the issue was since I had approved time off. She responded, saying "I know, I understand, but your manager thinks that this is for the best, so we just want to follow through with their request." I again stated that I didn't understand their reasoning, but that since I was being released due to no fault of my own, asked if I was eligible for unemployment benefits and her response was "Yes, go ahead and apply." I did and received benefits. I then received a letter stating that they were appealing my benefits and would have a phone interview scheduled. After having the phone interview and responding to the questions asked, I received another letter with the judgement and second appeal.
The judgement stated that the employer said that I misrepresented my reason for termination. That I was a no-call/no-show and that they did not find any evidence showing that I misrepresented anything for my claim so they were denying their appeal. The attachment to it stated that the employer was appealing that decision and that I would be receiving another letter, letting me know when to appear for a hearing. Unfortunately, I no longer have access to my work email (as it should be, since I am no longer an employee), but because of this, I no longer have the ability to print out the time off request and approvals that were in my email account. I'm not sure, what I can take as proof to the hearing to validate my side of the story and am wondering if anyone has any advice for this?
What I do have are some text messages on my phone from the date that I was released, basically a conversation with my then acting manager's assistant. Where it starts off with me letting them know that it was nice working with them. They then responded with "I just heard, I'm sorry to hear that. A few other guys in your department were let go today as well. Do you know why?" In response, I said that I did not know why, but there was a brief mention of it because I asked if I could come in to gather my personal belongings and the response form HR was that they did not think it would be an issue since the reason I was being let go, was different from the reason everyone else was let go on that day. To which they then responded with specifics, saying "Oh, they were let go because they had a program that was not approved by the company running on their computers." I then let them know everything else that I stated here, about my grandparents passing, the time I'd taken off and how I was told that I could re-apply at a later date and collect unemployment in the meantime. Since they already knew the specifics of the layoffs that had happened that day, I am sure they knew my specifics as well and did not correct or deviate from the reasons that I was given. Due to the specifics they gave me about the other layoffs, I assume that they would have corrected me if I had given them information that was misrepresented.
In the end, I feel that my firing was actually wrongful termination and they are covering themselves. The reason that I feel this is because about a month prior to the deaths in my family happening, they tried to fire a new employee on our team and I prevented it from happening. The new employee found that there were employees working off the clock and that our acting manager was aware. He collected evidence and asked a few of us if he should go to HR with this. I let him know that I personally had not witnessed this, but that if he had proof, he should do whatever his gut feeling told him to do. In the end he decided not to go forward with this evidence to HR. This did get back to our acting manager and the employees who were working off the clock. They were infuriated, to say the least, and were out to relieve him from his duties. I then stepped forward and spoke to HR. I let them know that I did not think that it was fair that our new employee was being fired, especially since he was hard working and had not done anything wrong. I let them know about the evidence he had and that it had gotten back to the acting manager and the group that was working off the clock and that was the reason he was being targeted for termination. Upon returning to my office, my acting manager called me in for a meeting (along with the employees who were working off the clock), he addressed the group and said "We have a problem..." he then focused on me and stated "Someone ratted you guys out." everyone was quiet and I was then asked if I could leave so they discuss other private matters. I already knew what that was. The team camaraderie changed, obviously, but as I told HR "I don't think it's fair to fire an individual just because someone else decides they feel threatened, because they were breaking rules/laws and were caught by said individual. That it made me fear for my jobs safety, if it was that easy to get rid of someone while letting those who break the rules slide." To add, no one in that group was fired and neither was the individual who had gathered proof of rules/laws being broken. Because of this incident, I feel they decided that I wasn't playing ball with them and didn't want me there. I'm okay with that, I would rather not work for a company that is okay with breaking laws. Though I do feel it was retaliation.
I did speak to a lawyer who told me that he felt that I had a case, but that because there was so much "office treachery and backstabbing" going on, that the case was really risky and would not feel comfortable taking it, but suggested that I try to find a lawyer who would take that risk. His response pretty much cemented it as a lost cause for me and I was satisfied with getting my unemployment while looking for a new employer, but now they are trying to take that away.
*Grandmother passed away due to a tumor. Grandfather suffered Cardiac arrest 2 weeks later in which he did not receive oxygen for too long a time causing brain death. While he was being kept alive artificially, doctors stated that he was gone and would not return. Family battle ensued in which half his children wanted him disconnected so he could rest and the other half did not, in case he came back. That is a whole different issue though, so this is included only as a footnote.
Any how, if you've read this far, thank you. Any advice would be appreciated.
