I got fired - what can I expect at fact-finding interview?

[penguin6]

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

While trying to negotiate a raise and title change, I (foolishly) disclosed to my boss that I was considering looking for other employment due to lack of advancement opportunities at the company. I was fired 2 days later. If I had not said anything to my boss, I am sure I would still be employed because I was a valued employee.

Because I commuted 1+ hour each way, with some traffic delays, I was often a bit late. I called my boss's cell phone when I knew I would be excessively late.
My superiors were often late as well. Several higher-ranking department members (including my boss) are known to arrive 15-20 minutes late on a regular basis. My boss had told me that as long as I "made up the time later," which I did, it was okay. However, one of my superiors (who I suspect did not like me personally) complained to my boss when I was late recently. This got me into trouble with my boss, who hates dealing with complaints and confrontation.

When I was fired, they told me it was because of performance issues and lateness. However, the actual reason I got fired was because I expressed dissatisfaction with my job. When I inquired with HR about my unemployment eligibility, the HR person said he would not say that I "did anything wrong."

My performance at the company had been very good. I frequently was praised for my work, and my efforts directly led to the company winning a prestigious regional award. They had applied for this award for years, but this was the first year they actually won. For these reasons, I believe that the only reason I got fired was because the company has loyalty issues -- they have fired a woman in the past after she asked them to match another company's offer.

My fact-finding interview is coming up in a few weeks. Do I have a chance at receiving benefits?

Also, what can I expect from the phonecall, and what could I say to improve my chances?

 

[pattytx]

You WERE late. Although I understand that unexpected MAJOR traffic problems can occur causing tardiness, in general, if you leave yourself some extra time, you make it on time.

Subordinates can be held to a stricter standard than bosses. You have no idea how many hours that boss who was also late worked during that day or the rest of the week.

Your announcement that you were looking for another job was probably just the impetus that made the employer decide to let you go now.

The hearing officer will ask you questions. Answer only the questions asked. Your job performance otherwise is irrelevant. What the state is interested in is ONLY the incident that initiated the firing.

 

[swalsh411]

You WERE late. Although I understand that unexpected MAJOR traffic problems can occur causing tardiness, in general, if you leave yourself some extra time, you make it on time.

That only works as a possible reason for disqualification for benefits if the employer made it clear that the employer was expected to be on time every day and tardiness was not acceptable. (even better if there were was progressive discipline so the employee knew they had to improve) There are plenty of work environments with a more relaxed attitude on when you're supposed to show up. If the employer put up with it for a long time and then suddenly did a 180 and said he was being fired for tardiness, that's not going to cut it in terms of a reason for disqualification.

What the state is interested in is ONLY the incident that initiated the firing.

Assuming there is actually an "incident" that initiated the firing. The burden of proof is on the employer to first show such a thing even exists and then that it constitutes misconduct. If the employee was never warned about performance issues, and there is no single incident of gross misconduct, then it's hard for the employer to argue that that there even is an incident.

 

[pattytx]

There may not have been a single incident that prompted the firing. What I said was that it is WHY the poster was fired that the state cares about. The state does NOT care what a wonderful employee he was otherwise.

I was often a bit late

That's a good enough reason right there for the employer to at least protest. I agree, however, that if the poster was not warned that tardiness was unacceptable and that his job was in jeopardy, he MAY get benefits.

 

[commentator]

A fact finding is a telephone (or could be in-person) inquiry by the ajudicator prior to making the intial decision on the claim. It may or may not involve both parties at the same time. But either way, there are two issues that the employer has given as reasons for termination in this case. These are what they'll be asking the claimant about in this hearing.

The biggest question will be "What happened on the day you were told you were terminated?" In other words, was there a precipitating incident of lateness or job performance issues that day? Had there been prior warnings, write ups and progressive discipline, so that the employee was aware that if they were late, it could result in their discharge? If they had never been warned about lateness, no lateness policies seemed to be enforced by the company to their knowledge, and they had been given no opportunity to change their behavior and save their job, then it is not a true misconduct reason to terminate.

The same with performance issues. The employee should always state that they had been given positive performance evaluations if this was the case. They should state that they always did their job to the best of their abilities, and that they had received no prior warnings that their performance was lacking or that they were in danger of termination because of job performance issues.

If this company had a habit of terminating those who pushed for raises and benefits, or who let it be known they were looking for a job elsewhere, and they had not systematically used discipline for these issues previously, so that the OP knew their job was in danger and had the opportunity to change their behavior and keep their job, they'll probably do pretty good in this fact finding.

Then of course, if the claimant is approved for benefits, the employer has the option of appealing the claim, having a hearing and getting another shot. But just because an employee is chronically late does not mean he can be fired for it any time. It must be planned for with company policies, warnings, write-ups and choices. I'd say this person has a pretty good chance of approval, unless there was a lot more progressive discipline going on that we don't know about.

Classic u.i. case, man smokes marijuana on the job for ten years. The foreman suspects, people have reported it a few times through the years, but the man is never warned or disciplined. There is no company drug policy in place. Then he and the company owner have a disagreement, and the owner terminates him for smoking marijuana on the job. He is approved for benefits. True, what he is supposed to have been doing is illegal. But they did not terminate him for this issue until they wanted to terminate for other reasons. Until then, it was tacitly okay, they needed him, he was a good employee otherwise. A happy, smilin' employee, actually!