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Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33190
Experience:  15 years practicing attorney
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I was terminated answering scheduled phone calls AM shift. 3

Customer Question

I was terminated for not answering scheduled phone calls for one AM shift. 3 days prior, I informed my supervisor that I could not receive such phone calls where I was told I could sit at a desk in administration. after being accused of false information. My supervisor did not respond to my email, she had to walk past me multiple times daily where I was sitting and never once told me I had to find someonelse to take my calls. And, there is no written protocol that stated we are responsible for our own coverage.
During my appeal hearing, my supervisor told lies that I did anything I could do to get out of work and would just put my phone on hold so I did not have to answer phones. Untrue, not to mention, there are ways to have this checked out at my old place of employment. She also brought up stuff that happened in a previous department. I had been written up for attitude but never work performance. Should I apply for appeal or not?
Connie ***@******.***
Submitted: 5 months ago.
Category: Employment Law
Customer: replied 5 months ago.
you asked for additional information. I worked for a large Hospital and Clinic, in the medication refill department. We refill medications via computer per requests from patients and pharmacies. Once weekly, we are assigned to answer phones for half a day. There is no written protocol for this, nor a protocol stating that we are responsible for finding our own replacement. I had worked for this company for over 21 years and had just turned 60.
Expert:  Barrister replied 5 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Would you be able to obtain any concrete evidence to disprove what your supervisor said about you in the initial hearing?.Do you have proof that you could present that you notified the supervisor in advance that you couldn't perform in that role answering the phone?.What was the reason that you couldn't answer the phones?..thanksBarrister
Customer: replied 5 months ago.
She said I put my phones on hold and I did anything to get out of work, however, the employer has ways to check activity on the computers and she even said during the hearing that she had telecomp check and she found out I did not answer the phone on said day. I averaged 75-100 refills daily.
The email, I did not print off and I no longer have access to my email account at Stormont Vail however, she did state during the hearing that she did receive my email and that it was department protocol for us to find someone to cover our phone duty. I brought up that there is no written protocol stating such.
I was constantly under scrutiny. "someone said you stopped talking when they entered the room and it hurt their feelings", "someone said you put your phone on hold so you do not answer the phone". It was awful and when I would question my supervisor about the complaints, she would state "thats what I am told". I went to her boss who said "You can use this computer down here if you wish, I am tired of all the fussing down there, why can't people just do their work." So that is why I was working down in Administration rather than the refill center. And where I was sitting, I could not receive phone calls but I did refills all day.
I work in Kansas.
Expert:  Barrister replied 5 months ago.
Sorry for the delay, there was some miscommunication with another expert and I getting some crossed wires about who was handling the question. Ok, the version of events that you state seems logical and reasonable to me, but it is a matter of proving it to an administrative law hearing officer and whether they would agree without any hard evidence such as printouts of the emails..I think that it is worth filing an appeal to the decision and simply relating the events as they happened as you have done here. In order to disqualify you, they must find that you were guilty of misconduct, which is the intentional actions to harm the employer or being so negligent as to subject the employer to unreasonable risk and I don't see that here. .Notifying your supervisor you couldn't take the calls wouldn't rise to the level of misconduct if there was some rational reason why you couldn't do so.....But I would tend to agree that if you weren't able to answer phones because you were working in an area where there were no phones, then it would be up to you to make sure that shift was covered or you relocated to an area where you could answer the phones if that is the task you were assigned..So crosses wires and some lack of communication...yes... willful misconduct..probably not and another hearing officer may very see it the same way. Since you have nothing to lose by appealing, I would do so...thanksBarrister

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