Going to Court

[ceefive]

What is the name of your state? Minnesota

I was fired 2 months ago. I filed for unemployment and the judge decided I should get benefits. My former employer (by company policy) filed an appeal. I am now scheduled to go to court for the appeal.

This is what my letter states will be determined:

"Should the applicant be disqualified from benefits under the statue because of the reasons for loss of employment? All issues related to the separation may be considered at this hearing. Will benefits paid to the applicant, if any, be charged to the employer's account?"

I have never been to court. I need some advise on the best way to defend my case.

Here is the background of my situation.

I was fired for "sleeping on the job" by a temp company. The temp company's policy book states "no sleeping or slouching on duty".

I was NOT sleeping as they say I was. I was on my unpaid break resting my head at my desk. I suppose that could be considered slouching, but they did not fire me for slouching. I was feeling very tired that day and decided to rest my eyes until I was to go back on duty. I even asked a workmate a few cubicles down to make sure I was back to work on time, just in case I lost track of time. Common sense told me that was what breaks were for, to get rested so that you could give your employer a good days work. The company let me take my breaks at my desk and I observed that other employees at times would be resting at their desks as well. The client company's boss then came by, tapped me and told me that I should not "sleep" at my desk as it looked bad. I told her that I was on my break. She said she was sure I was, whatever that meant. I said ok, and finished my break and returned to work and finished my day and told myself to not rest at my desk ever again as they requested.

I returned to work the next day and finished it with no problem. I got a mesage from the temp company that evening stating that I was cancelled from the client company. They told me to call the next day. I was then fired from the temp company. Immediately filed for unemployment and got it. Now the appeal from the temp company, which I expected.

I need all the help I can get as I do not know what to expect in this type of situation. I believe I am in the right and should recieve benefits as I was not sleeping on the job and was not trying to purposely break company policies. Will I be called upon to prove that I was not sleeping on the job? If so, how do I go about this?

What will my former employer likely say in court? How do I respond?

Thank you in advance. I am losing sleep (how ironic) over this as I still cannot find suitable employment as of yet.

 

[JETX]

"I was on my unpaid break resting my head at my desk"
*** Was this a SCHEDULED unpaid break?? How long were you "resting your eyes"??
The answer to those two questions will probably go a long way to determining your chance of success in the appeal.

 

[Beth3]

You're not going to court. You're going to a hearing which will most likely be held in a small stuffy room, with an administrative law judge (an attorney employed by the State), a desk, and a tape recorder. The ALJ will ask questions of both parties and guide the proceedings. Just answer the questions he asks. You'll also have an opportunity to make any statements you wish to make, as well as ask questions (cross-examine) any company representatives that appear.

You don't have to do any big preparation or legal research. Just tell your side of the story, as will the company. By the way, unless the temp agency brings the supervisor from the client company to testify first-hand that you were sleeping at your desk, whatever they say will be hearsay and won't be given much if any consideration. In other words, if all their "evidence" amounts to is "we were told he was sleeping at his desk," that's not going to cut it.

 

[ceefive]

Jetx said: *** Was this a SCHEDULED unpaid break?? How long were you "resting your eyes"??
The answer to those two questions will probably go a long way to determining your chance of success in the appeal

Jetx: Since the client company's employees were able to take their two 15 minute breaks and 1 lunch break when ever they chose, we were able to decide when and where to take our breaks. We did not punch in and out, but put down at the end of the day our total time for work, and total time for break.

I consistantly took my breaks at the same time every day, my lunch break specifically right after Dr Laura on the radio, which was at 1pm. There are some employees still there that perhaps would verify that, but then again, they may not even though they knew.

I was resting my head on my desk for less than 5 minutes when the client company's boss confronted me. I was down to my last 10 minutes of break. So after boss left, I only had about 3 minutes left of my break before returning to work.

Beth3: I would count on the temp company bringing as many witnesses as they could, at least I assume they will. If they bring the client company's boss in, and she says that I was sleeping, what do I say? I was NOT sleeping!

 

[Beth3]

Whether or not you were actually sleeping is somewhat of a moot point. Most employers have rules which prohibit the appearance of sleeping on the job on work time and in the employee's work area (even if on break.)

Let me give you a scenario: CEO is giving a prospective customer a tour of the facility. He walks into the accounting department and three employees have their heads down on their desk, resting. Regardless of whether they're asleep or not, it gives one heck of a bad impression. Consequently, employers typically require employees to rest elsewhere, such as in a breakroom or lounge.

In any event, your situation boils down to just several issues:

1. Were you aware of any work rule that prohibited employees from resting or sleeping at their desks while on break.

2. Were other employees in the habit of putting their heads down on their desks while on break to rest. If yes and in the absence of being informed of a work rule prohibiting this, then your argument is that you had no basis to know you might be terminated for doing so.

3. Even if it can be argued that you WERE asleep or that putting your head down on your desk to rest while on break is prohibited, does your doing so amount to "willful misconduct"; that is, a willful disregard of your employer's best interests.

Nobody can predict whether you will be granted UC benefits or not as there are some unanswered questions here but I think the odds are in your favor. Good luck.

 

[ceefive]

Beth3,

Thank you for your insights.

As to your 3 points:

1. Were you aware of any work rule that prohibited employees from resting or sleeping at their desks while on break.


--No, I absolutely was not. Interestingly, the client company never went over any rules of conduct that they had for thier workplace. I was not even given production standards to which I found out on my last day that they had. They were quite silent as to policies and the way things were done.

2. Were other employees in the habit of putting their heads down on their desks while on break to rest. If yes and in the absence of being informed of a work rule prohibiting this, then your argument is that you had no basis to know you might be terminated for doing so.

--I observed another employee resting his head (or sleeping, I do not know for sure) on his break. He was an employee in my department that with permanently with the client company
and not the temp company as I was. I was never informed at any time by the client company that taking breaks at my desk was wrong or not recommended.

3. Even if it can be argued that you WERE asleep or that putting your head down on your desk to rest while on break is prohibited, does your doing so amount to "willful misconduct"; that is, a willful disregard of your employer's best interests.

--I may sound like a goody2shoes here, but this is my honest explanation. I had the company's interests at heart. I slept 8 hours the night before, but was still very tired and sluggish when break time came. This was unusual as I am a person with a lot of energy. I may just have been having one of those bad days that humans get once in a while. I have read time and time again that taking a cat nap, or just resting by closing your eyes even for a few minutes can help you if you find you are very tired. Those thoughts are what was going through my head because I sincerely wanted to give the company my best. I knew I had only 10 minutes of break time left, so I asked my co-worker to make sure to warn me if I was still resting when it was time to go back on duty. She agreed. (Interesting note: This co-worker of mine has been with the company for a while, and did not express to me and rules or warnings about my decision to rest at my desk. She just agreed and assured me she would.)

From my perspective, my actions were to show respect to the employer by giving them the best I had. I knew that I would perform better if I rested. I explained this to the temp company when they asked me about it, and they just shook their head and said nothing.

Whether I win or lose this appeal, I have most definately learned some important and painful lessons. Despite the fact that I know I showed no willfull disrespect and my intentions being good, I will NEVER EVER EVER rest at my place of employment on breaks.
Good intentions sometimes mean nothing. :-(

I have to learn to do EVERYTHING possible on my part to be sure I am doing what it takes to keep my job. Perhaps I was naive to believe that since the company was lenient (sp?) with their employees, that they would be that way with me.

This has been a very difficult ordeal for me to go through. Have experienced some major blues. I think it is time for me to get some further education as my job prospects are not good. I have had to relocate back home because I could not afford to live where I was at. Very humbling. I wish everyone else going through difficult times like these the best. I now understand what it is like to lose your job, despite things looking optimistic.

If you have anything else that you feel would help me with my case, please let me know.

Thank you again.

 

[Beth3]

ceefive, you don't have to convince me. I believe that all you did was put your head down for a few minutes while you were on a break. What happened to you is that the CEO just happened to come through while you had your head down and very likely assumed you were sleeping on the job. Particularly as you were an agency temp, he felt no compunction in having you discharged from the assignment and then raising a ruckus with the agency. In order to stay in the client's good graces, they discharged you.

All you can do is to go to the hearing and tell your side of the story. P.S. You didn't have to answer the points I raised above - those will just be the relevant issues at the hearing.

Good luck.