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Wrongful termination and Filing for unemployment?

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bathga

Junior Member
What is the name of your state?What is the name of your state? Ohio

Hello and thank you for reading.

I will start from the beginning…

On April 20th I had to be admitted in emergency at 4:00am to a hospital and had to have a revision surgery. My original surgery was on March 28th of this year.

I am an onsite service tech, I live in Ohio, but I am dispatched to do service calls from Minnesota and Florida. On or near 4:00am I called into what the company refers to as guidance/mission control (24hour call center and where I am dispatched from). I spoke to an guidance engineer and explained that I was going in for surgery in a moment and I would not be back to work until at least 7 days. He said he would reschedule my jobs and contact my Operations Manager at 7:30am when he was available.

He did reschedule my jobs to other onsite service techs how ever some of the customers did not accept being rescheduled so they canceled. It seems that he failed to contact my Operations Manager as well or my operations manager is lying. I was unaware of this until 9 days later. To help explain more…I log into my schedule everyday from my home on the internet to find out what service calls are scheduled for me. When an onsite service technician calls in it is logged. It is fully logged that I called in and was in the hospital at 4:41am.

On the 7th day I called in and spoke directly to my operations Manager and told him what had happened and about my second surgery. I explained that I had a doctors order that says I may return on May 1st. He told me ok and told me to get well. I then called into guidance/mission control and spoke to the guidance engineer and informed them that I would be returning to work on the may 1st. He told me he would reschedule my jobs. It seems that he failed to reschedule a few of my jobs or the service tech that was dispatched in my place did not show for the service calls.

On the April 29th (2 days from speaking to my operations manager) I get a call from a sales manager screaming at me about how many returns he has had the last few days. I asked him if he was aware I was out from surgery he said “yes”. I tried to apologize, but he just said he didn’t want to talk about it right then and disconnected.

The next day I get a call from the General Manager telling me that he is going to do what he has to do to make sure I am not an onsite technician with this company anymore. He then told me to come in on May 2nd at 11:30am that my operations manager has some paper work for me to look at.

I arrived at 11:30am and was Terminated for was said a violation of company policy (they call it there standard Operating platform) The violation said it was because I didn’t call in to let anyone know that I was having surgery and the $W@$% Operations Manager said I never said I was going to be off until May 1st . He claims that I only called in to say I was sick for that one day. He is completely lying. In my defense I said why would I only call in for one day when I have had a doctors order since April 20th (day of surgery) that I may not return until May 1st??

All of it didn’t matter they just wanted me gone and are willing to lie to make that happen. I was given a disciplinary write up on September of 2004 and suspended for what they referred to as time theft. I was completely exonerated of that disciplinary a few weeks later after an investigation was done from corporate. I was even paid back pay for the days I was suspended for. The same managers are involved then and now so as childish as this sounds they are pissed that Corporate came down on them and I won. I have been less then popular since that September day.


I filed for unemployment to aid in the transition to and new job. Ohio Job and family services has sent me a letter saying that I will not qualify for unemployment if I was discharged for violation of company policy. They have sent me paperwork asking for an extensive explanation of why in light of being discharged for violation of company policy, I sill think I should qualify for Unemployment.



My question is:

Based from the series of events above do you think I qualify? The letter said I must be unemployed by no fault of my own.

Here are the questions that Ohio Job and Family services (ODJFS) has sent me: (please offer advice on how to word them).




1. Please briefly explain why, in your opinion, you were discharged from employment.
2. Please provide the name and title of the person who told you that you were discharged.
3. Were you aware of the company's rules/policies?
4. If yes, did you receive a written copy of them?
5. Had you received warnings and/or discipline (e.g., warnings, suspensions, fines, etc.) for the same or similar incidents in the last year? (If yes, please explain).


The other questions are union related.



Thank you very much for your replys!
 


Beth3

Senior Member
Based from the series of events above do you think I qualify? That is impossible to predict as it's going to boil down to who they believe - you or your employer.

Here are the questions that Ohio Job and Family services (ODJFS) has sent me: (please offer advice on how to word them).

1. Please briefly explain why, in your opinion, you were discharged from employment.
2. Please provide the name and title of the person who told you that you were discharged.
3. Were you aware of the company's rules/policies?
4. If yes, did you receive a written copy of them?
5. Had you received warnings and/or discipline (e.g., warnings, suspensions, fines, etc.) for the same or similar incidents in the last year? (If yes, please explain).


Those are very simple, straightforward questions. (i.e. "John Smith, Director of Operations", "yes," "no", etc.) You don't need help wording them nor is there any magic language for you to use. Just answer them, keeping in mind the adjudicator is only looking for the facts.
 

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