how can i prove my mgr lied to get me fired?

[RumTumTigger]

What is the name of your state? GA
My manager lied to have me fired for insubordination. I was told she reported that I "yelled" at her during a perfectly calm, professional discussion, and that I followed her shouting while she went to our department head's office. While she and I did walk together to my dept head's office at my request, this was during a busy morning and the entire floor is made up of open cubicles where everyone could see and/or hear anything out of the ordinary. I did not yell or raise my voice, and I thought the discussion was at least professional though not pleasant. When we got to my dept head's office, the dept head had someone with her and asked if she could see us in 15 minutes. About half an hour later, my mgr came to my cube and told me the dept head wanted to see me. When I got to the department head's office, she had the HR director there. After I closed the door, the dept head said, "As of this moment, you are fired." I was never asked for my input, nor was there any discussion of "what happened here?" with me and my manager before the decision was made. My dept head just took this woman's word and fired me. End of story.

FYI, I have an excellent reputation with my coworkers and have several of my previous managers (from other companies) on my list of references. Two of them have already agreed to serve as character witnesses for me in any kind of hearing. I'm known for being fair and kind and not causing trouble, so of course this comes as a shock to a lot of people. However, it didn't surprise me; this manager had already lied about me regarding my behavior in two other situations, neither of which my dept head was present at, but she believed the manager. On all three occcasions there were others present who can verify what really happened, but I'm afraid to involve them. I'd rather not subpeona my coworkers to testify on my behalf because they would surely lose their jobs for telling the truth. One was already threatened with being fired just for following proper channels when the dept head (yes, the same one) lied to upper management about my colleague's request for a transfer to escape this dishonest manager. It seems this company prefers to rule by terror because the economy is so bad and people are desperate for jobs.

Now I've filed for unemployment, but the co. is certain to deny it. I've been grossly wronged, and I intend to appeal the decision if it goes against me.

While I have no proof that it didn't happen the way my manager described it, neither does she have any proof that it did.

Two questions:

(1) It looks like it's their word against mine. How can either side prove their case?

(2) If they produce my coworkers to testify about the incident and they feel like they have to withhold the truth to keep their jobs, what recourse do I have if the judgment goes against me?

Thanks for any help you can give.

[Beth3]

While yelling to me means someone raised their voice, and in the context of your situation in an argumentative fashion, I've discovered many people use that word to mean nothing more than a disagreement. More than one employee has told me that their boss "yelled" at them and I've subsequently discovered that what really happened was that their boss merely spoke to them (calmly, professionally) about some aspect of their performance that was problematic. I don't know whether your boss is using the word "yell" to indicate you shouted at her or merely that you disagreed with her about something.

I presume your questions all relate to your eligibility for UC benefits, rather than some other legal venue. Firing you because you had a disagreement with your boss - whether you shouted or not - isn't illegal.

1. You really can't prove what happened, unless someone happened to be present for the entire discussion you and your boss had and testifies at the UC hearing, if there is one. Basically, it's your word against your boss's. The legal issue is whether your behavior constituted "willful misconduct" under your State's UC reg's and the burden of proof is really on the employer to demonstrate that it was, assuming they challenge your eligibility.

2. I think you're jumping to conclusions. While anything's possible, it is quite unlikely your employer will force employees to attend the hearing and lie under oath under threat of job loss. I've been in HR for 25 years and I have never requested much less required a co-worker of the terminated employee to testify at a UC hearing, even when they could completely substantiate that the employee engaged in misconduct. It's just too awkward and uncomfortable a situation to put any employee in.

[RumTumTigger]

Thanks, Beth ... that makes me feel a little better. I hope you're right; I don't want my former coworkers to suffer any more. From what they tell me, this mgr has said more untrue things about me to them and basically threatened them that "this is my bread and butter, and if you mess with it, I don't like to fire people but I will."

I'll post another message as things progress. Meanwhile, since I'm a writer, I'd better hook up with the people who did that study awhile back on workplace bullying. Looks like I've got a book to write!