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Denied Benefits due to employer stating insubordination..In appeal process

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Hopeful72

Junior Member
What is the name of your state (only U.S. law)? GA


I was wrongful terminated from my job in June 10. I filed for unemployment two days after. I had never received a termination notice from the employer as of yet, but my benefits were denied due to "insubordination". I have appealed the decision because the reason my employer gave were false. I had never been warned or written up for insubordination. He said he warned and gave me numerous warnings "written and orally" on a daily basis. He also said that I had conflict with co-workers. They would complain about me "answering the phone to quick" or not "saying goodmorning to them directly". In a nutshell I worked in sales and had been there the longest. I had a pipeline and referrals of customers. My numbers were higher due to the my capability of connecting to people. I had gone to the employer and showed him the tracking sheets as proof that they were talking to as many people as me and he blew me off. Always sided with them. I had numerous things that happened to me to create an hostile environment and being that I suffer from PSTD, I had let my employer know how it was affecting my health.

He was forcing us to work overtime without pay and after speaking to FLMA and making sure I knew my rights I let him know this...he did not like it.

He did nothing when a coworker kept touching me and rubbing my back and referred to me as the office B**** in our meetings, instead when I brought it to his attention, I was reprimanded...but since the gentlemen quit I kept working there, so 180 days has passed and I cannot due nothing about it.

After hurting my knee while moving my doctor had put me out of work for 3 days with a note...when I made the call to him to let him know he started screaming and badgering me to where my husband took the phone from me because my husband could hear him. My husband calmed him down..(not to mention my husband's grandmother had just died the same day I hurt my knee)

The employer had made Ugly comments about me in front of my husband and another co-worker. I have the emails where I asked him not to do that and I have his responses which were not so nice.

I have emails from him telling me "what a wonderful job I was doing for our team and how he appreciated me" .

The only thing that I know he made me sign was back in may was a monthly goal sheet and he did put on there that if I had anymore absences that I could be terminated...this was after the knee incident, but anytime I was out I always provided a doctors excuse unless it was dealing with court. I have calenders where I marked down my time each month and paychecks to prove what I was paid for. I have a check where he paid me $1.60 an hour but shows I worked 86.67 hours(this was after I was terminated). I did contact wage and hour division...but no help there.

With the emails I have and my husband's testimony in things he witness..even the employer throwing a ball at me and hitting me in the back while I was on the phone with my husband. do I have a chance at winning this appeal or am I just beating a dead horse? This has been very emotional
and having to find another job knowing I was fired is stress enough.

Any advice would be very much appreciated.
 



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