nol3afclover
Junior Member
Arkansas
Well I recieved the pink slip here about 3 days ago from my former employer Alltel Communications, and here's what happened:
As a Wireless Consultant we are required to sell Alltel products and services at the retail stores. This job is commission based so it's also important that we keep track of our daily sales numbers, and then we'd tally up the total numbers and text them to the manager. Saturday evening after close, I walked into the backroom where our 'Rep room' is located, thats where we can take our breaks or do our paperwork away from the salesfloor. At the end of the day we'd write our names up on a board along with our sales numbers for the day. As a part of routine, I would write everyones name up on the board, not as their real names, but as their nicknames. Names that have been put up on the board for the last six months off and on. Names such as 'Maiden' instead of 'Madden', 'Fitzfraud' instead of 'Fitzpatrick' and etc. Apparently after I left the room, this girl that I've had some beef with in the past enters the room and starts to show displeasure toward her name being on the board as something else other than her name. She found it 'offensive', so one of my co-workers told her to 'lighten up, and get over it, it's just for fun, you know that'. That apparently made her mad so she decides to tell the manager that shes 'offended'. My co-worker ends up recieving a written warning for 'encouraging' my act, and I get terminated. Now I assume that they're going to claim that I was fired for Willful Misconduct, and most misconduct fireings do not qualify for unemployment benefits. After doing some reading on the matter, I discovered that one of the exeptions that does NOT fall under the willful misconduct policy is:
"For violation of a rule to be "willful misconduct", the rule must be fairly and consistently applied (Spirnak v. UCBR, 557 A.2d 451 (1989)). If your employer has tolerated rule-breaking in the past, your breaking the rule now may not be considered "willful misconduct" (Penn Photomounts v. UCBR, 417 A.2d 1311 (1980))."
The name writing on the board has been happening for the last 6 months! By me and others and has been perfectly tolerated and allowed!!! For some reason they suddenly decided to tighten up or something. I didn't do anything that I knew were wrong since it had been OK to do so in the extended past!
This is not an attempt to get re-hired. This is an attempt to build a case against a potential denial of benefits from the unemployment office if it does get that far.
Thanks!
Daniel
Well I recieved the pink slip here about 3 days ago from my former employer Alltel Communications, and here's what happened:
As a Wireless Consultant we are required to sell Alltel products and services at the retail stores. This job is commission based so it's also important that we keep track of our daily sales numbers, and then we'd tally up the total numbers and text them to the manager. Saturday evening after close, I walked into the backroom where our 'Rep room' is located, thats where we can take our breaks or do our paperwork away from the salesfloor. At the end of the day we'd write our names up on a board along with our sales numbers for the day. As a part of routine, I would write everyones name up on the board, not as their real names, but as their nicknames. Names that have been put up on the board for the last six months off and on. Names such as 'Maiden' instead of 'Madden', 'Fitzfraud' instead of 'Fitzpatrick' and etc. Apparently after I left the room, this girl that I've had some beef with in the past enters the room and starts to show displeasure toward her name being on the board as something else other than her name. She found it 'offensive', so one of my co-workers told her to 'lighten up, and get over it, it's just for fun, you know that'. That apparently made her mad so she decides to tell the manager that shes 'offended'. My co-worker ends up recieving a written warning for 'encouraging' my act, and I get terminated. Now I assume that they're going to claim that I was fired for Willful Misconduct, and most misconduct fireings do not qualify for unemployment benefits. After doing some reading on the matter, I discovered that one of the exeptions that does NOT fall under the willful misconduct policy is:
"For violation of a rule to be "willful misconduct", the rule must be fairly and consistently applied (Spirnak v. UCBR, 557 A.2d 451 (1989)). If your employer has tolerated rule-breaking in the past, your breaking the rule now may not be considered "willful misconduct" (Penn Photomounts v. UCBR, 417 A.2d 1311 (1980))."
The name writing on the board has been happening for the last 6 months! By me and others and has been perfectly tolerated and allowed!!! For some reason they suddenly decided to tighten up or something. I didn't do anything that I knew were wrong since it had been OK to do so in the extended past!
This is not an attempt to get re-hired. This is an attempt to build a case against a potential denial of benefits from the unemployment office if it does get that far.
Thanks!
Daniel
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