Wongful termination or not??

[INFAMOUS655321]

IN TENNESSEE (EMPLOYEE AT WILL STATE)

I was terminated in November for misconduct I applied for unemployment and it was approved the company appealed the approval and it is now being denied so I have appealed the denial. I was terminated for accessing employee files. The handbook states and team member must request in writing to view the file I was an assistant manager I have had access to these files for most of my employment set several of these files up. When I came into work I was given a write up by a subordinate employee and when I talked to the boss I informed him that was uncalled for and I was not signing it I requested a transfer I told him I felt like he was setting me up for termination. We went back an forth and I was told to put put the write up in a "locked" filing cabinet( it can be accessed from cabinet above it) When I put the write up in cabinet I looked at 2 or 3 files that I had set up of employees that had been terminated and my file. Within the week I was fired for misconduct. I honestly believe I was not violating any policy and was in no way trying to disregard any policy or rule. Am I in the wrong? Should I be entitled to the unemployment benefits? Thank You for any help you may be able to give me!!

(not sure if it helps but I was transferred back in may after reporting a hostile work environment I fought the transfer and with in 2 weeks returned to my home store. I was in formed that due to my claims and me "stirring up trouble" that pist off a lot people and that the possibility for advancement with the company wouldn't happen since then I have been put under a microscope having my every move watched I was very good at my job I preformed well, worked very hard and has excellent customer service. It was very hard to find reasons to fault me for anything there were a few poor attempts at setting me up but having seen other employee targeted I knew what to watch for and documented everything I did. It wasn't until the boss became "buddies" with another employee and submitted and email requesting he be promoted that the rules constantly changed write ups for things that other employees were also doing. Constant ridicule and sarcastic remarks for the ADHD medicine I take he even went as far to bring an employee that he got hired on at another location in to shadow him and tell me how he was training my replacement. There were a couple customer complaints roughly 2 weeks before I was fired he accused me of doing them and even hung one on the employee board "thank you and my name" I know that the reason given for my termination was misconduct but I strongly believe that it was an act of retaliation and possible discrimination.

 

[Proseguru]

If you accessed personnel records w/o authorization then I think that it rises to misconduct.

 

[INFAMOUS655321]

Thank you for your reply!! In the past I have not needed authorization to access these files and other managers I know from other locations have access to the files as well. It is almost as if it was not a rule until it was convenient. Im just a little confused as to how and why this has all happened. Again thank you for responding.

 

[HomeGuru]

IN TENNESSEE (EMPLOYEE AT WILL STATE)

I was terminated in November for misconduct I applied for unemployment and it was approved the company appealed the approval and it is now being denied so I have appealed the denial. I was terminated for accessing employee files. The handbook states and team member must request in writing to view the file I was an assistant manager I have had access to these files for most of my employment set several of these files up. When I came into work I was given a write up by a subordinate employee and when I talked to the boss I informed him that was uncalled for and I was not signing it I requested a transfer I told him I felt like he was setting me up for termination. We went back an forth and I was told to put put the write up in a "locked" filing cabinet( it can be accessed from cabinet above it) When I put the write up in cabinet I looked at 2 or 3 files that I had set up of employees that had been terminated and my file. Within the week I was fired for misconduct. I honestly believe I was not violating any policy and was in no way trying to disregard any policy or rule. Am I in the wrong? Should I be entitled to the unemployment benefits? Thank You for any help you may be able to give me!!

(not sure if it helps but I was transferred back in may after reporting a hostile work environment I fought the transfer and with in 2 weeks returned to my home store. I was in formed that due to my claims and me "stirring up trouble" that pist off a lot people and that the possibility for advancement with the company wouldn't happen since then I have been put under a microscope having my every move watched I was very good at my job I preformed well, worked very hard and has excellent customer service. It was very hard to find reasons to fault me for anything there were a few poor attempts at setting me up but having seen other employee targeted I knew what to watch for and documented everything I did. It wasn't until the boss became "buddies" with another employee and submitted and email requesting he be promoted that the rules constantly changed write ups for things that other employees were also doing. Constant ridicule and sarcastic remarks for the ADHD medicine I take he even went as far to bring an employee that he got hired on at another location in to shadow him and tell me how he was training my replacement. There were a couple customer complaints roughly 2 weeks before I was fired he accused me of doing them and even hung one on the employee board "thank you and my name" I know that the reason given for my termination was misconduct but I strongly believe that it was an act of retaliation and possible discrimination.

**A: there has to be another side to this story.

 

[ESteele]

With respect to the unemployment insurance benefits, you have a shot at prevailing on appeal. Based on what you described, it does not appear that you engaged in gross misconduct at work which would disqualify you for benefits. Every work rule violation does not rise to the level of gross misconduct.

With regard to your retaliation claim, you may want to consult with a representative at the EEOC or with local employment counsel in order to make an assessment of the viability of such a claim. It appears you filed an internal complaint about “a hostile work environment” and your employer subsequently transferred and terminated you. You will need to preliminarily assess whether (1) you lodged a good faith, internal complaint concerning conduct violative of an anti-discrimination statute, and (2) your employer had legitimate business related reasons for the transfer and/or the termination. The answers to these questions will direct you to whether you should pursue a retaliation claim.

 

[commentator]

I do not think you are going to win approval for unemployment under the circumstances you describe. You had an initial appeal, where you were approved, and then a hearing, in which you were denied. Now the BOR appeal will not involve another hearing, this time it will be nothing but the board reviewing this process to make sure that unemployment law has been followed in this case.

Yes, you were the victim of harrassment. Yes, you were treated unfairly. You were picked on and talked to mean by your supervisor. However, if you were to have any recourse legally, it would have to have been shown that your treatment, the retaliation and discrimination was for being a member of a protected class, according to EEOC statues, and being someone they don't care for or a complainer isn't a protected class. They tried to get you to quit. You didn't quit. Then, to their delight, you did actually do something they could say was a violation of a company rule or policy. You did it, knowing it could possibly lead to termination, and you were terminated. Maybe you were not "trying" to violate a company policy or rule, but it sounds as though you did, anyway.

Trying to be the workplace "defender of the workers and fighter for justice" doesn't usually serve one well. A hostile workplace according to labor law isn't easy to have, though there may be many things about the workplace that are not nice, people may not be treated fairly, but it often happens that if you are the 'whistleblower' in this circumstance (no protection for this type of whistleblower, either) you are the one they don't like and want to get rid of. When they are watching you like hawks, eventually they'll catch you doing something and use it to terminate you legally without unemployment insurance IF you give it to them.

Even if you were a victim of illegal discrimination, unemployment insurance would not be the venue to appeal that it. You could file a grievance with the EEOC if you feel that you have been harrassed and mistreated because of your membership in a protected category, but that won't have anything to do with your unemployment insurance being approved or denied.

 

[swalsh411]

I don't think your chances are very good. For one thing, your refusal to sign the write-up is borderline misconduct. When you sign something like that, you are not agreeing with the contents but merely agreeing that you have reviewed it.

As to your unauthorized access of records, it would be one thing if you needed to do this for your job and management was aware and the policy really wasn't enforced. Sometimes there are policies that are only brought up if management is looking for a reason to fire somebody. In those cases, the chances at unemployment are pretty good because they let it slide for so long. But in your case, you just got curious and looked at something you had no right to look at. Or did you have a legitimate reason for looking at the files that you have not told us?

 

[commentator]

Either case, from what OP is saying here, he's already been through the first two decisions. And when it goes this way, it's rarely overturned in the Board of Review. So yes, you were treated unfairly. But no, I'd be quite surprised if the decision were overturned and your unemployment benefits were approved by the BOR.
Beyond this, if you are not approved in this appeal, you have the option of hiring an attorney and taking the case to civil court. Sometimes, that does work (as in the recent case of the lady who was fired for not taking her lunch break.) But all you get out of it, even if you did win, is your unemployment benefits, which is not much money, $275 max in TN. If you haven't won by this time, it's very rarely worth your time to take it through to court. Nothing I am hearing about this case makes it one that sounds like it should be pursued any further.