Fired for "Misconduct"- Fact Finding Interview Tomorrow. Advice?

[rockthegoddess]

What is the name of your state (only U.S. law)? Virginia

Hi Guys!

I have a fact-finding interview with the Virginia Employment Commission to determine whether or not I was fired for misconduct. Here's a brief summary of the situation:

I have been a restaurant manager for nine years. I worked for this company for a year. I was fired by my District Manager in April for posting something not job-related on my Facebook. I appealed, and won my appeal with the HR company. I was hired back, paid all of my back pay, and took no loss in tenure. I don't think my District Manager appreciated that very much.

I was short $97 in August. I have NEVER been short in all my life. I notified my District Manager immediately, and even offered to pay it back because it's my responsibility. He wrote me up for this incident a month later. Literally.

On October 11th, my General Manager (I'm an assistant manager for a casual dining chain) walked in unexpectedly, asked me if I was aware of the cash handling policy (obviously I was- I was just written up for something that mandated I re-read and sign said policy). I answered yes. That was that.

Three days later, I come to work and am fired by my district manager- again. This time, he alleged that the General Manager (his little protege') witnessed me leave cash from server cashouts in a drawer in the locked office. I deny this allegation, and there are no cameras to prove this (or prove my innocence). Nothing was missing that day, and my cash was completely on point. Still, he said that my General Manager was a witness to this, and that I was being terminated for it. That was that.

I filed for unemployment, and my fact-finding interview is tomorrow. I spent a LOT of time preparing and researching, but would like to solidify my thoughts and strategies. I guess I'm just nervous and looking for reassurance.

I didn't sign the termination because I don't admit any wrongdoing. Furthermore, it should be noted that leaving cashouts (with the cash) in the office drawer is common practice. We even have a cash register insert in this drawer to store cash. We always lock the office. No other manager has ever been written up for this practice. I stopped doing it, however, when I got written up for the shortage, as I felt that they were looking for a reason to terminate me again. Also, nothing was missing, there's nothing to cast any doubt other than the fact that my general manager says she saw me do it. There are no cameras in the office.

I have a letter of reccomendation from my two previous employers showing I never had any misconduct issues as well as my general manager that I worked with in this company for nearly ten months. (The supposed witness general manager had just taken over the store three weeks prior to me being fired).

I feel that this action would not rise to the level of "misconduct" as outlined by VA Employment Law nor case studies that I've been over. Furthermore, would a single witness be enough to meet the burden of proof on the employer's behalf? Is there anything I should or shouldn't say tomorrow?

I've never been written up for anything prior to working for this company, let alone been fired and had to file for unemployment, so I'm a ball of nerves- obviously taking a sudden $50k yearly paycut has been devestating for my family.

I should also mention that I filed a formal complaint with the EEOC alleging discrimination based on retaliation and pregnancy. (This is probably irrelevant so I won't go into details).

Advice? Thoughts?

Thanks!

 

[OHRoadwarrior]

Simply present your denial of the allegation and reinforce you have always attempted to your job to the best of your ability. Remember you will not be available to work during the last part of the pregnancy for UI purposes.

 

[commentator]

To clarify, as long as the claimaint states they are able available and actively seeking employment they can draw unemployment right up until the birth. IF they are asked to go on an interview, or participate in some type of job seeking activity and they cannot do so, at that point their eligibility may be called into question. But in this situation, procede with your unemployment insurance exactly as if you were not pregnant. If later, for example you were put on full bed rest or something of the sort, you would at this point work out your eligibility issues with the unemployment system. I have sent people on job interviews three or four hours before they delivered, and had very gravid people participate in job seeking activities, and it is perfectly legal for them to do so.

In the hearing, I might manage to tell the situation as I had told it here. But when you mention that your new manager has just taken over the store a few weeks prior to your being fired, you might also mention that there seems to be a pattern of harassment against you also because you are pregnant, and that you have filed an EEOC complaint regarding this issue. Just mention, don't go into.

The hearing will be a formal affair. Both parties will be sworn in. You will be taped. First you will tell your story of why you are no longer working for the company. Then the employer will tell their story of why you were discharged. Then either side may be allowed to ask questions of the other party. The hearing officer in this fact finding may ask some questions.

Be very formal, professional and brief. What you've given us here sounds pretty good and pretty concise as far as how the situation occurred. They may also want to know "What exactly were you told on the day you were terminated that was the reason you were being terminated? Exactly what misconduct had you been accused of doing?" THey'll want to compare the thing you were written up for doing with exactly what you were accused of doing. They'll be checking to see if you did change your behavior regarding handling of the money after the write up and were not doing what they said you were when the termination happened.

One witness? Possibly. It will depend on how believable the parties are. There are good and bad witnesses. There is no predisposition to believe either the employee or the employer, they work under the assumption that one or both of the parties may be lying, so the more believable you can make yourself, by being professional, well organized, and respectful, the better for you. You will not be asked to "argue your case" like some sort of trial lawyer, and whatever you do, don't quote or cite unemployment law to the hearing officer to try to prove your point. You just tell your story, in layman's language. Be brief, be bright, be done.

After this fact finding, an initial decision will be rendered. This decision may be appealed by either party. If you are approved, you'll begin receiving benefits. If not, you will continue to keep making the certifications for weeks, and will appeal the decision. if the hearing overturns the initial decision, you may be back paid, or you may end up overpaid if the employer prevails. But either way, this is only the first step. Good luck to you, let us know how it goes.