NotHappyInVA
Junior Member
What is the name of your state (only U.S. law)? VA I was recently fired and have now filed unemployement. I know that VA is a right to hire/fire state and therefore, wrongful termination is not an issue. However, I believe my past employer must be contesting the unemployment since I rec'd a notice saying the VEC would be doing an investigation for "misconduct". I'm not too happy about this at all since I have never done anything, at any time, at any company that could be considered misconduct. This company did not give a specific reason for the termination in the letter they gave me when we met in HR. It just says "as we discussed, we've come to the difficult decision to end your employment". In our verbal discussion, it was mentioned to me that it "just wasn't working out" and the primary reason was me making too many mistakes. I have made 2-3 mistakes per month, on average, on two reports that go out daily (some months no mistakes, other months one a week) which isn't good but I don't think constitutes misconduct since it wasn't willful, deliberate or intentional...right? I always did the best I could. I am going to ask for copies of the personnel file and any other documents given to VEC by my former employer. I have copies of my self evaluation from 08 & 09; a worksheet showing all of my duties that I was performing after a year of employment; and my review from 09 to give to the VEC for documentation. The last review is 60% good & 40% needs improvement so it wasn't totally bad. It also said that we'd meet in 3 months to re-address the issues. But, it had only been 6-8 weeks after I was given my review that I was fired...and with no warning at all. I've done a lot of things well but acknowledged problems with errors on just these two reports, apologized profusely, and even mentioned to my boss things I was doing to try to not make the mistakes in the future. So I was trying and, under the circumstances, was doing the best I could. Does any of this sound like misconduct to you and that I could be denied unemployment? The other part of this problem is the "under the circumstances" part. I don't know if I should bring any of this up or is what I've already mentioned enough to win my benefits without muddying the waters? I was sick with meningitis from 3/08-7/08 (out almost 3 months) with risidual effects for fatigue, memory loss, slow thinking, etc for months after I returned to work. This is when the mistakes really kicked in. After almost a year, I felt better, told my boss so, showed improvement, etc. But then, had a problem with my shoulder that required surgery in May of 09 and was out 3 weeks. Between all of this, I have fibromyalgia which was made worse from the meningitis and contributed to my memory & foggy headedness. I just don't think well or perform well when in pain it seems. I never said anything about this until the week of July 20th when I went to HR to ask some questions about FMLA and ADA to see what I could do to just not work rather than coming in on days when I didn't feel well and making all of these mistakes. A week later, I was fired. Can I ask the VEC to provide me specific information from when my boss first spoke to HR about what to do to begin the termination hearings (if it's not already included in the paperwork they give me)? Should any of this be mentioned or is it coincidental and not worth the effort? I believe that this was a good opportunity for them to eliminate a high paying position to coincide with the layoffs that occurred in March of 09 (over 100 positions) but, have no proof.
Should this be mentioned or again, coincidence? With all of these details, can I handle this myself of should I have an atty present? Any advice you can give will be most appreciated since I've never been thru anything like this.
Should this be mentioned or again, coincidence? With all of these details, can I handle this myself of should I have an atty present? Any advice you can give will be most appreciated since I've never been thru anything like this.