Unemployment denied twice, and now to a hearing!

[evielynn]

This is such a long story so bare with me please! I live in Michigan.

I used to work part-time at a bird speciallity store. Babysits, grooms, sells birds. Babies and rehomes birds. There was of course one bird that I got along with famously, but he bites everyone else viciously. He's not even nice to his family. One day his family calls me up and asks if I want him. They want to give him to me, and if anything he's like a gift to me. Talking it over with my BF I call them back a few days later, OUT of work, on my cellphone and tell them that I'll take him, I'd love to have him.

To be nice, we tell my boss what we're planning on doing. They still have another bird so they'll still be coming in. When my boss hears this he goes ballistic telling them I'll be fired if I take the bird, and that they'll never be allowed in the store. He then comes up to me, telling me I'll be fired over it because I'm doing "dealings through the store" and I didn't know them until I worked there. He also told a co-worker/assistant manager of mine that if I took the bird he would take me to court for retail fraud. He said that the bird is only be able to come back to the store to be resold. He went on to my co-worker about how he would have a new customer that would buy a cage and whatnot but because I would be taking the bird, I'm stealing from him. Needless to say, he's lost two customers already.

I walked in the following Monday and informed him "I am going to be taking the bird." I chose the words specificly. Right now my apartment doesn't allow birds, and my others are being fostered with friends until the lease is up. So even at this moment, I do not have the bird I was fired over, and didn't have him WHEN I was fired. He told me he'd see me in court he was suing me. I asked about my job, he stated "Corporate theft was cause for instant termination."

Because it was theft I had to fill out a form stating the situation.

I got a letter from the UIA telling me my unemployment was denied. The letter said:
"You were terminated from *company* for unauthorized usage of proprietary information for personal gain which is a violation of company policy. You were aware of the policy.

It is found that you were fired for deliberate disregard of your employers interest. You are disqualified for benefits under the MES Act, Sec. 29(1)(B)"

We called, and the lady on the phone read what my boss said and a lot of it was truth stretched and edited to fit. He stated in his letter that I'd given away my birds. That I was aware of a situation where he banned a few customers for doing dealings about a bird in the store. I am aware, but this was a monetary gain thing, discussed IN the store. He wasn't losing ANY business. He also stated that he had made an agreement with the bird's owners that the bird would be coming there to be rehomed if need be. He stated that I violated company policy. Obviously, he'd had his lawyer write it.

I'm insulted he's telling people I've GIVEN away my birds. And more importantly how am I using proprietary information if they contacted me, and all our "dealings" were done OUT of the store. Furthermore, there was NEVER any agreement. From what I understood and the bird's owners understood, all he had said was the bird welcome there to be rehomed because my exboss does turn away people's birds and talks about a waiting list. Getting a bird in there to be rehomed sometimes does take a while. Where am I supposed to read about this policy anyway? As far as I know there is NO employee handbook. And even so I have never seen it before, nor has its existance been made aware to me. All the other girls that worked there laughed when I asked about it, they've never seen it either.

I have a hearing in Sept. My biggest thing is I'm worried missing something, why I am still being denied? And is there anything to be said as to what he told me directly I was being fired for, and then later change it? Hopefully next week I can get ahold of an advocate who can give me better advice but its going to drive me insane. Almost everyone has said I have nothing to worry about but yet I've been denied twice and now I have to go to a hearing. I feel like I am missing something...

Questions, Advice, and Comments are very much appreciated. If anything, thank you for reading through all that, I know it's a lot!

ALSO another worker put in her two weeks, and after he guilted her for two days he ignored her the rest of the time. She went to get her paycheck but its no where to be found. This was last week, and although we hope he's mailed it, it would not suprise us if he's hiding it somewhere so she has to get it directly from him. She would prefer not to see his face again, and I'm wondering if its legal for him to do that. Thanks again!

[Betty]

I think your best bet is to talk to the advocate or an unemployment attorney for help & advice before your hearing.

[evielynn]

Oh of course, but I'm looking for at least someone with some knowledge to suffice until I talk to an advocate. I'm all flustered about it again, and it'll be at least a week before I talk to an advocate about my case. Until then, it's gonna drive me crazy. lol

[cbg]

We were not at the hearing. We do not have access to the documentation. We cannot possibly guess why you are still being denied.