How long can they wait to fire me?

[worshiper]

What is the name of your state? Indiana

I admit it, I made a mistake. I made some product that wasn't to spec, and I made alot of it. "It" hit the fan when I made it, then nothing from no one, for weeks I heard nothing. I ask my boss, he said he hasn't heard a peep. I could fix the material, so I worked on it when I had time. Then one day out of the blue, they wrote me up and fired me. Three weeks later! Ironically, I happened to get sick, from a high blood pressure spell, two days before they fired me.....I have been denied unemployment because they say I willfully had poor work performance. It was a mistke, but it surely wasn't intentional.

Can they seriously wait 3 weeks to write me up and fire me?
How do I prove that it wasn't an willful poor work performance?
The company is not at all consistant about it's write ups. Can I make them supply me other peoples files, so I can prove they pick and chose who they fire and when? How about my own file, how can I defend myself with out any proof from work?
thanks,
worshiperWhat is the name of your state?

[JETX]

Originally Posted by worshiper

Can they seriously wait 3 weeks to write me up and fire me?

Yep. They could have fired you the day you screwed up.... or they can do it at any time they want.

How do I prove that it wasn't an willful poor work performance?

You don't. And even if you could... there is still no obligation to rehire or retain you.

[cbg]

They can wait as long as they want to fire you. There isn't any law that says if you don't fire an employee within x amount of time, you are barred from doing so.

You ABSOLUTELY MAY NOT force the company to give you other people's files. How would you like it if the company gave YOUR file to someone else? You don't have ANY legal right to see what is in someone else's file. You can ask your employer for YOUR file, but in Indiana it's up to the employer whether to let you see it or not.

There is no way to prove it was not willful misconduct. You don't have any way of changing someone else's opinion.

[worshiper]

Indiana

I am not interested in getting my job back, but they are refusing me my unemployment. The unemployment rate in Indiana is sky rocketing, and if I don't find a job before the appeal court date, I would like to have some form of defense other than "I am human, I make mistkes!"
Thanks for the info,
worshiper

[moburkes]

Originally Posted by worshiper

Indiana

I am not interested in getting my job back, but they are refusing me my unemployment. The unemployment rate in Indiana is sky rocketing, and if I don't find a job before the appeal court date, I would like to have some form of defense other than "I am human, I make mistkes!"
Thanks for the info,
worshiper

They have the right to refuse your unemployment.

[cbg]

Actually, the employer does not have the ability to refuse your unemployment. Only the state can do that.

Your employer has the unqualified right to CONTEST your unemployment, just as you have the unqualified right to appeal if a decision goes against you. But ONLY the state can grant or deny benefits.