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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31663
Experience:  JD, BBA, recognized by ABA for excellence.
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I have an appeals hearing this month an I would like some advice

Customer Question

I have an appeals hearing this month an I would like some advice from you. Unemployment didn't deny my claim but my employer is appealing my claim. I was terminated after being with the company for almost 15 years. I was terminated for using a tone of voice that is not acceptable. They tell me I might not think that it anything, but it my voice and that's how I speak...I don't baby talk and that's what was expected from me by my manager, to baby sit an employee who could not perform her job.. What do I do
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What is your question for me please? Did the company indicate you violated their policies? If so, did they provide any warning to you before terminating you?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
I have an employee whom I've been having a hard time with. I constantly have to remind about her performing her job. Apparently, there's someone who does not,like me that's taking this opportunity to go an make a complaint about me. I've been called down numerous times about the same issue and every time I ask them who made the complaint their answer is we cannot tell you. So I ask them to call down other employees to vouch for me in my defense they tell me we're not going to do that. So I can't even fight my own case.
Also, ever since my manager joined the company he has always displayed discrimination against women. Making comments about how he never had to work with women before..pushing most of the responsibilities on the women supervisors and not the men. The day they terminated me they told me that the problem is still on going and that there's complaints again. They told me to take the rest of the day off with pay and that they were going to investigate more and make a decision about keeping me or terminating me. I asked them if they could call a few people down to vouch for me they told me sure..we will do that. Well, they never called anyone down to confirm the allegations. I'm pretty sure the reasons for letting me go was because my manager. The week before my termination there was an incident that happened in our supervisors meeting. My manager mentioned to us that he was hiring 5 people for the factory, so I asked him if I could have 1 more person for my dept. he started going off at me in front of everyone so I tried to explain why I needed 1 more person and all he tells me how did I manage all this time and maybe I don't know how to manage my work. I told him I do everything he tells me to do then he shut me down. After the meeting he kept me back and started going off on me telling me "so you know it all". He says I always have,something to say when he's talking and I that i did it in front of the other supervisors..I told him you're the one that's always yelling at me in front of other people. He also does it to other employees but they never stand up to him...I stood up for myself and now I'm out of a job...
Expert:  Tina replied 1 year ago.
I see. Thank you for providing this additional information, Lori.

To prevail on their appeal, the employer will typically be required to prove that you engaged in some misconduct and that you were warned that such misconduct may subject you to termination. Since the employer never provided you with any details of your "alleged" misconduct, they will not likely be able to carry their burden of proof on appeal and should lose.

However, it is not uncommon for employers in this situation to misrepresent the facts of your employment, so it would typically be best, XXXXX XXXXX situation you have described, to retain a local employment law attorney who handles unemployment claims to be prepared to appear at the hearing and respond to any such misrepresentations which may be made by the employer. That would normally provide you with your best opportunity to prevail on the appeal.

If you have evidence that the employer treated male employees more favorably than female employees (as you seem to allude to) and that your gender was a motivating factor in your termination, that evidence, along with evidence that you have filed a complaint with the EEOC would typically aid you in prevailing on the appeal as well.

Here is a link to file a charge with the EEOC:

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

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31663
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 12 other Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

I noticed that you provide me with an "OK" rating. I strive to provide excellent service to every customer, so if there was some additional information you were seeking from me, please let me know and I would be happy to assist you further if I can.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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