What is the name of your state (only U.S. law)? ny
I read that some of the examples of misconduct are:
Insubordination or not following an employer's instructions:
Failure to follow an employer's instructions can be misconduct. However, merely not getting along with a supervisor is not misconduct. Neither is your "emphatic" insistence on discussing a situation, if your insistence is done in good faith and without hot-tempered remarks, threats, or insolence without provocation.
After finding out about all of the stuff mentioned below, My sister and I were on our personal computer, using our personal emails to talk over a google documents chat that the team usually used. It was after hours, no one was on, and we didn't know they were recording it.
Obviously we are irrate becasue at this point we are trying to figure out how we are going ot manage these impossible work loads. (explained below) My sister states:
"I wish Sarah would bitch at me for taking harder work and leaving easy work". (Which if you read what I wrote below we are allowed to do.) It goes on to us discussing how we are going to do this without help from the team and skipping a folder here and there. We never at all say that we won't follow the order given to us.
When we were let go, they used the conversation against us. The HR representative I am sure was only given half the truth and wasn't informed about the rest (everything I mention below). All she saw is that my sister was purposely skipping a folder. Which means our team leader must of told her that we are not allowed to skip any folders. However, I have the emails stating otherwise and that email was only sent to me and not my sister.
They are claiming it is insubordination. The Hr person goes on to say that they are not using it against us and tells us we can collect unemployment, but then later says us an email saying we were let go for not following a supervisors orders, and not working as a team.
In you professional opinion if they try to deny our unemployment claim do you think we have enough to protect ourselves.
Specific details below.
________________________
I had grivences which were never addressed. I have emails of me going back and forth with my supervisor. We were taking normally about how some co-workers deliberatly do not listen to emails sent by the team leaders. We both clearly state how it is unfair for me since they are causing me to have to handle work loads that normally I would not have to do, and couldn't responsibly finish on my own. This was becasue I worked a shift directly after them. She spoke to our department supervisor he said he isn't to worried about it becasue he feels everyone skips hard images and that he would create a system to try to make it more fair. (He never created said system)
No one else really had this issue becasue I alwasy did my job, and I usually ended up covering all of my work plus all of the hard work the co-workers before me would leave behind. I have this stated in email as well.
~~~~~~~~~~~~~~~~
My supervisor stated in email that since I was finishing not only my hard work but hard work left by co-workers (And I was doing double the amount of work of them) that when done I could offset it by taking some of the easier work.
~~~~~~~~~~~~~~
I get an email from my supervisor saying that I could no longer skip any hard work becasue it is unfair to the team. We worked in a team of 4 and was suppose to help each other out. So in this situation: Not only am I doing double the work, but I had to now take work loads in exact order no matter what they were, regardless of the fact that I may not be able to responsibly finish that work load.
Normaly this wouldn't be a problem BUT.
My sister and I were the only ones with strict set daily quota that we had to make everyday. Everyone else could fluctuate and no one else had to take straight work loads like this. They were allowed to just take one folder finish it then take another.. and another. They would help each other out by sliptting work folders and making sure that none of them got caught with an impossible work load
~~~They were doing 30-60 folders a day - which equates to about 200-600 images. We were doing 70-80 folders a day (Which had only recently been dropped to include as low as 70) - which equates to 600-800 images a day period, and keep in mind we had to do all the hard folders that came up in a straight line of 5-8 folders - co workers didn't have to.
________________
I read that some of the examples of misconduct are:
Insubordination or not following an employer's instructions:
Failure to follow an employer's instructions can be misconduct. However, merely not getting along with a supervisor is not misconduct. Neither is your "emphatic" insistence on discussing a situation, if your insistence is done in good faith and without hot-tempered remarks, threats, or insolence without provocation.
After finding out about all of the stuff mentioned below, My sister and I were on our personal computer, using our personal emails to talk over a google documents chat that the team usually used. It was after hours, no one was on, and we didn't know they were recording it.
Obviously we are irrate becasue at this point we are trying to figure out how we are going ot manage these impossible work loads. (explained below) My sister states:
"I wish Sarah would bitch at me for taking harder work and leaving easy work". (Which if you read what I wrote below we are allowed to do.) It goes on to us discussing how we are going to do this without help from the team and skipping a folder here and there. We never at all say that we won't follow the order given to us.
When we were let go, they used the conversation against us. The HR representative I am sure was only given half the truth and wasn't informed about the rest (everything I mention below). All she saw is that my sister was purposely skipping a folder. Which means our team leader must of told her that we are not allowed to skip any folders. However, I have the emails stating otherwise and that email was only sent to me and not my sister.
They are claiming it is insubordination. The Hr person goes on to say that they are not using it against us and tells us we can collect unemployment, but then later says us an email saying we were let go for not following a supervisors orders, and not working as a team.
In you professional opinion if they try to deny our unemployment claim do you think we have enough to protect ourselves.
Specific details below.
________________________
I had grivences which were never addressed. I have emails of me going back and forth with my supervisor. We were taking normally about how some co-workers deliberatly do not listen to emails sent by the team leaders. We both clearly state how it is unfair for me since they are causing me to have to handle work loads that normally I would not have to do, and couldn't responsibly finish on my own. This was becasue I worked a shift directly after them. She spoke to our department supervisor he said he isn't to worried about it becasue he feels everyone skips hard images and that he would create a system to try to make it more fair. (He never created said system)
No one else really had this issue becasue I alwasy did my job, and I usually ended up covering all of my work plus all of the hard work the co-workers before me would leave behind. I have this stated in email as well.
~~~~~~~~~~~~~~~~
My supervisor stated in email that since I was finishing not only my hard work but hard work left by co-workers (And I was doing double the amount of work of them) that when done I could offset it by taking some of the easier work.
~~~~~~~~~~~~~~
I get an email from my supervisor saying that I could no longer skip any hard work becasue it is unfair to the team. We worked in a team of 4 and was suppose to help each other out. So in this situation: Not only am I doing double the work, but I had to now take work loads in exact order no matter what they were, regardless of the fact that I may not be able to responsibly finish that work load.
Normaly this wouldn't be a problem BUT.
My sister and I were the only ones with strict set daily quota that we had to make everyday. Everyone else could fluctuate and no one else had to take straight work loads like this. They were allowed to just take one folder finish it then take another.. and another. They would help each other out by sliptting work folders and making sure that none of them got caught with an impossible work load
~~~They were doing 30-60 folders a day - which equates to about 200-600 images. We were doing 70-80 folders a day (Which had only recently been dropped to include as low as 70) - which equates to 600-800 images a day period, and keep in mind we had to do all the hard folders that came up in a straight line of 5-8 folders - co workers didn't have to.
________________
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