terminated and denied UI benefits...what do I do?

[dallaskathleen]

What is the name of your state (only U.S. law)? South Dakota
I was recently fired from a managerial position at a coffee shop because I refused to do work that was not related to the position I was hired for. The reason they gave unemployment is misconduct because I refused to do work they said I was required to do. Is there any recourse I can take?

I was originally hired to open a coffee shop for a local business, this included advising them on equipment, designing menus/pricing/recipes/layout of shop. I agreed to also work 8-10 hours a week at the front counter doing regular employee duties. Because the customer base was not there, the owner decided that I would do work in the coffee shop while also making coffee related sales, these duties included regular employee duties, managerial duties and coffee shop work as well. Then the owners wife decided she wanted to start selling her crafts in the coffee shop and having coffee shop employees(not regular employees..only the coffee shop)customize the crafts and sell them. I told her no thats not why I was hired. It was not part of regular employee duties or coffee shop duties. They fired me, however the owner said he would accept my resignation from the position of coffee shop manager, to clarify I stated" you are letting me go then? and he said "yes if thats how you want to look at it" so I was fired and filed for unemployment. I have now been denied benefits because the owner is stating I refused to do work that was part of my duties, however they were not originally "my duties". do I have any recourse?

 

[Antigone*]

What is the name of your state (only U.S. law)? South Dakota
I was recently fired from a managerial position at a coffee shop because I refused to do work that was not related to the position I was hired for. The reason they gave unemployment is misconduct because I refused to do work they said I was required to do. Is there any recourse I can take?

I was originally hired to open a coffee shop for a local business, this included advising them on equipment, designing menus/pricing/recipes/layout of shop. I agreed to also work 8-10 hours a week at the front counter doing regular employee duties. Because the customer base was not there, the owner decided that I would do work in the coffee shop while also making coffee related sales, these duties included regular employee duties, managerial duties and coffee shop work as well. Then the owners wife decided she wanted to start selling her crafts in the coffee shop and having coffee shop employees(not regular employees..only the coffee shop)customize the crafts and sell them. I told her no thats not why I was hired. It was not part of regular employee duties or coffee shop duties. They fired me, however the owner said he would accept my resignation from the position of coffee shop manager, to clarify I stated" you are letting me go then? and he said "yes if thats how you want to look at it" so I was fired and filed for unemployment. I have now been denied benefits because the owner is stating I refused to do work that was part of my duties, however they were not originally "my duties". do I have any recourse?

You were insubordinate, I would have fired you too. What recourse are you looking for?

 

[pattytx]

Agree. Unless you had an enforceable employment contract which specified which duties you were required to perform and which duties you were not required to perform, you are required to perform any legal and safe duties the employer assigns you to perform.

Did I use the word "perform" too many times in one sentence? Oh, well.

 

[dallaskathleen]

I was sticking up for myself because customizing crafts was not what I was hired to do. I want to receive UI benefits until I find another position. If it is legal for a business owner to ask their employees to do everything they want them to do..whether business related or not, is it not ok to say no? I told him I was there to be his manager and to help the business get going and make money, I was expecting a compromise and a discussion on how to help the coffee shop, instead he didnt want me to work for him anymore.

 

[dallaskathleen]

I did not have any outlined written contract as I thought the duties I would be performing were what the business was doing already. I didn't know they were going to start taking it in a different direction. If I were to consult with a business again, then would you recommend having duties outlined and written? This was my first time consulting and being sought after..they asked me to work for them.

 

[pattytx]

It doesn't make any difference. In this job market and economy, you have to determine what hill you want to die on. IMHO, you made a bad choice.

 

[Isis1]

I was sticking up for myself because customizing crafts was not what I was hired to do. I want to receive UI benefits until I find another position. If it is legal for a business owner to ask their employees to do everything they want them to do..whether business related or not, is it not ok to say no? I told him I was there to be his manager and to help the business get going and make money, I was expecting a compromise and a discussion on how to help the coffee shop, instead he didnt want me to work for him anymore.

wow. so it was beneathe you to perform duties? wow. i would have fired you too. you work for him. he doesn't work for you. unless you have a contract that says you are exempt from the duties that were asked of you, you can be fired for having a bald head.

 

[Antigone*]

Most consultants I know are not employees, they are independent contractors. Therein, I believe lies your error. You were employed by this business, you were not a consultant in the true sense of the word.

 

[pattytx]

I don't see where the OP claimed to be a "consultant". But even if, once the first paycheck was issued and taxes taken out, it would have been obvious that an employment relationship had been established.

 

[Antigone*]

I don't see where the OP claimed to be a "consultant". But even if, once the first paycheck was issued and taxes taken out, it would have been obvious that an employment relationship had been established.

You are right patty. I think I assumed it from her statement

I was originally hired to open a coffee shop for a local business, this included advising them on equipment, designing menus/pricing/recipes/layout of shop

...guess I just made a-you-know-what of myself

 

[pattytx]

You are right patty. I think I assumed it from her statement



...guess I just made a-you-know-what of myself

You're excused. Those are things that a manager would do as well.

 

[Zigner]

...guess I just made a-you-know-what of myself

No...what?

 

[cbg]

I was sticking up for myself because customizing crafts was not what I was hired to do. I want to receive UI benefits until I find another position. If it is legal for a business owner to ask their employees to do everything they want them to do..whether business related or not, is it not ok to say no? I told him I was there to be his manager and to help the business get going and make money, I was expecting a compromise and a discussion on how to help the coffee shop, instead he didnt want me to work for him anymore.

Sure, it is okay to say no. Then the next set of questions starts. Is it okay for an employer to fire an employee for refusing to do something that is legal and not unsafe by OSHA standards? Yes, that is a perfectly legal reason to fire an employee.

Oh, you meant, shouldn't I be allowed to say no and have the employer prohibited from firing me for it? Sorry, no, that's not the way it works. The employer, not the employee, decides what duties are to be performed by which employee.