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i was givin a reason when i got fired unemployment informed me

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christynewman

Junior Member
What is the name of your state (only U.S. law)? `
i was fired on 4/10/2010 after working for this company for three years i was very happy at my job it was very hard work but i didnt mind doing the but new managment camein and he didnt like me i dont know why he made my life hell he treated me like **** he gave me all the hardest jobs and than when i would preform them he would yell at me for preforming them and than he so mean i was in tears and he over heard me telling and other employee that if it cont. i was going to labor baord well right after that i was fired when my boyfreind got into a argument with the management my boyfriend told the manager we will just go to labor board and let them decide and mins later he fired me so i told him to **** off and than we were trying to talk away and hes following us calling us punks and cowards so i got deined unemployment because i told him to **** off but i dint say that till after i was fired and he's saying different and he's also saying i forgot to lock a toliet paper supply closet is one of the reason and that my or myself threated his life which is so very not true even with proof of a witness of that day and the way he was treating me i was still deined please if anyone knows a lawyer or some kind of action i can take please let me know i need help
 


cbg

I'm a Northern Girl
First of all, this board does not provide attorney referrals.

Second, nothing you have posted is illegal. Poor management, yes. But not anything that you can sue for. Not and have a shot at winning, at least.
 

pattytx

Senior Member
Why can't people start sentences with a capital letter so we know where the sentences start?:mad: I applaud cbg for wading through that.
 

commentator

Senior Member
First, you haven't told us what state. But I suspect it's U.S.A. somewhere, so I am going to use some generalizations.

First question. Have you already had both your unemployment decisions? Did you get a letter saying your unemployment was denied, and then have a hearing and get another letter saying it was denied after the hearing? If so, then there is no sense trying to talk to an attorney or actually in filing the third appeal, though you are perfectly within your rights to do so if you are still within the 15 day time limits on appealing this.

To help, if I can, I will need to know where you are in the unemployment process. Because it strongly appears that unemployment would be your only possibility of anything except finding another job.

Because most of the time, the labor board in a state deals only with union issues, so if you were in a non-union business, "going to the labor board" or threatening to do so is a useless idea, a useless threat if you tell your employer that. And they probably know it. It does, however, tend to irritate them a lot.

Yes, you can legally argue with your employer, complain about how you are being treated and how he's harrassing you and not treating you fairly, but yes, he does have a good legal right to fire you for doing so.

The question you would have been asked when filing your unemployment claim is exactly what happened on the last day that you worked. If your employer came in, without any preamble and said, "You're fired!" and didn't give you a reason, and you had no idea what you had done or that your job was in jeopardy, that is one thing.

But if they came in and said, "You're fired for this and this and this, leave now!" and then it sort of sounds like your boyfriend got into it and said, "Well, we'll just go to the labor board and...." so both of you were ordered off the premises, and you pretty much told him, in response to what he was saying, of course, to (bleep) off. Sort of "take this job and shove it" as you went out the door.

So he told the unemployment office that he was firing you for failing to lock the toilet paper supply cabinet, or that he was warning you for this, or threatening to fire you, and your boyfriend got involved, and the two of you went away cursing and threatening. A threat is a threat, even if it's just something like "...beat the (bleep) out of you if you weren't my boss!"

As I asked, have you already had the hearing where both you and the employer presented evidence? If so, it's over. There is no other place you can appeal this. You do not need an attorney. Did you ever call the labor board? If you did, I suspect you were told there was nothing they could do. It doesn't appear there was an EEOC issue you could file any type of complaint about.

There is no law that demands you be treated well and fairly, that you not be given the hardest jobs, no law that says your employer can't jump on you for your job performance as long as he doesn't physically assault you or curse you excessively. Your right in this situation is to quit this job and find another one.

The decision to get your feelings hurt till you were in tears is your decision. Threatening him with the labor board was a real bad decision on your part. In the first place, it didn't have any teeth in it, as you didn't know but he did, and it let him know you were very unhappy and frustrated on the job, so you would probably do what you could to hurt his business, so he immediately tried very hard to get rid of you. He found an excuse ( though he didn't have to, he could have fired you for about any reason at all, legally) and out you went.

In order to keep you from drawing unemployment he had to show he had a good misconduct reason to terminate you. Insubordination is a real good one, which can rise to major misconduct quickly if you curse, yell or threaten your employer.

About the only thing you can do is find another job. Try to find your boyfriend a job at a different place so you won't be so much in each other's business and both get fired at the same time next time. And even if your job situation is a problem, do your research before you threaten to take your employer to the labor board.
 

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