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Ray
Ray, Employment lawyer
Category: Employment Law
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Experience:  29 years in Employment law
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My unemployment fact finding interview regarding my unemployment

Customer Question

My unemployment "fact finding interview" regarding my unemployment benefits will be tomorrow. I was fired due to consitant confrontations with my office manager(The service manager is actually the head of the company I worked for, the office manager was a figurehead) . The confrontations occurred due to a volatile and toxic work environment where sexism and racism were the norm when our office manager(african american) was not around. I did not participate nor did I engage in the racism or sexism involved in the office, in fact I was a victim of sexism(Ie: Female employee started wearing shorts to the office, asked If I could do the same and was told quote "only if my legs looked as good as hers" Cursing and throwing of objects were the norm in the office by other employees, work load was thrust upon me in an unrealistic manner. Receptionist had put her two week notice in which resulted in office manager being highly verbally disrespectful towards me, ended in an arguement.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ray replied 4 years ago.
Thanks for your question.Argue that you were forced out by discrimination and disparate treatment.If you filed EEOC here--you can file today and reference that you have filed it supports your claim tomorrow that this was occuring.You can rgue that the hostile work environment ..

EEOC complaint here


http://www.eeoc.gov/employees/charge.cfm

EEOC issues findings and right to sue letter and then you can file wrongful termination if they do so.
Expert:  Ray replied 4 years ago.
Thanks for your question.Argue that you were forced out by discrimination and disparate treatment.If you filed EEOC here--you can file today and reference that you have filed it supports your claim tomorrow that this was occurring.You can argue that the hostile work environment ..

EEOC complaint here


http://www.eeoc.gov/employees/charge.cfm

EEOC issues findings and right to sue letter and then you can file wrongful termination if they do so.
Customer: replied 4 years ago.
their going to claim that they fired me due to "cussing" my office manager out, however cussing her out did not occur, curse worse were exchanged between her and i but not at each other directly, it was perfectly ok to use "inner office bad language" considering everybody including the service manager(head cheese) did it, other employees had history while working there of throwing things including at other people(me for example) i read the eeoc complaint form link you sent, how does that apply to me? how was I discriminated? because I was male? and i wasnt a female they could chase around? im not following you.
Expert:  Ray replied 4 years ago.
They applied disparate dress code and really work rules.There were sexist comments made about the female staff--it was hostile work environment.Get the discussion here away from cussing.I fear that unless you change your argument toward discrimination and hostile environment forcing out you are going to loose your appeal .If they show there was cause to fire they will deny benefits.It also throws them a curve that they are unlikely to be able to address here on the spot.
Customer: replied 4 years ago.

I understand the burden of proof relys on them to prove they fired me for misconduct. However, in most cases VEC does tend to lean toward more the former employee to prove the statements were falsely made, one thing I did include when filing for unemployment benefits was the fact that sexist remarks were made in the work place(may be the only thing that saves this) that I was fired due to conflict of interest with the office manager and was being mistreated(Overburdening of workload in conjunction with other employee's receiving special treatment(IE: the "thrower" used to be married to the service managers sister) and not being reprimanded for worse activity at the work place then what occurred between the office manager and myself. I did mention also in my unemployment case that It was a very hostile and toxic work environment. I never mentioned on the unemployment forms that I filled out that "curse words" were used in conjunction with my discharge. There was no orientation I was never shown anything regarding EEOC flyers/posters and there was no "employee code of conduct" manual. It was more or less "depends on their mood" type situation how the rules went. The individual that told me I couldnt dress the same as the female employee was the field supervisor as well as the service managers son(family style business) who was attempting to sleep with the secretary that wore whatever she wanted. Alot of these I feel will be deemed heresay however since including the former secretary, nobody there honestly liked me simply because I stood up for myself and protested about the workload that would be dumped on my shoulders when all the other employees including the "thrower" and office manager didn't do their jobs. I don't mean to keep asking questions but that's what this is here for right? I'm just kind of lost on how being in VA and an "at-will" state how that will appear to people about me contacting EEOC "after" being terminated, I never thought or considered to contact them because I didn't feel like I would have any case involving discrimination and I've never had to go through this before since this is the first job i've ever had where I was dismissed "I worked there under those conditions for 2+ years" I had complained about the office managers actions numerous times to the service manager and was told that he "didn't know what to tell me about her that I just had to figure that out for myself" as well as that it was "something I needed to work out with her" that he didn't have "time to be mediator in the office that she was the office manager and I had to do what I was told" I had protested to the office manager before when she had come to me in the hostile manner that I would contact the owner of the company and was told "go ahead that'll be the last time you ever call him" implying that I would lose my job over complaining to the owner, but never directly saying it. advice for contacting eeoc?

Expert:  Ray replied 4 years ago.
Get it on file here.File it electronically.Your testimony is that you have filed with EEOC concerning the practices.

EEOC complaint here


http://www.eeoc.gov/employees/charge.cfm


You have some pretty good stuff here--more about hostility and disparate treatment/discrimination--these are your buzz words write them down and try to mention t hem all ten or twenty times minimum.Good luck

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