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I have an appeal into the Nebraska Appeal Tribunal. I was let go for "failing to perform assigned work to the satisfaction of the employer for failing to perform assigned work to the satisfaction of the employer. The employer's expectations were reasonalbe based on my abilities and previous work performance. My failure to perform in a manner within my capabilites was contrary to the best interest of the employer and constitues misconduct in connection with the work". Therefore I was disqualified from benefits for 12 weeks. What question will the judge ask? I was never given any written explanation as to what the satisfaction of the employer was. I feel the statements made by ClearChannel are unjustified as I was never given written expectations until the last 30 days, which I feel were unrealistic. If I hadn't signed I would have been let go then. How long do I give the company to get me the needed info to make my case before asking for a subpoena. Any help is appreciated. thank u
Optional Information: State/Country of Question: Nebraska Already Tried: i've sent via email for the information needed to prove the sales manager i was working under was unfair in all practices as far as i'm concerned. i worked at the same location for kgor radio for 10 years. was always a top biller and made clearchannel millions of dollars during my employment there. when i returned i was put on another radio station kxkt. why i wasn't put back on kgor where my strengths were when they hired another person the same day and put her on kgor where her strengths were also with another format. she has been let go also. it takes time to make relationships with cold call clients. the sales manager never once helped me, never spoke to me, asked me to sell for $20 higher than the other salespeople and denied a plan that was developed for a client, was approved through the entire staff, when he finally looked at it the day before the promotion was to begin, he told them no and made me look entirely foolish. he was the worst manager i've ever had. i have proof through the other sales staff, but can't use them to testify for me for fear they'd lose their jobs.
The fact that you were not told what the expectations were so you did not know how to perform to the level they expected creates ambiguity and this is what you need to argue. You need to question the employer as to what those standards were and how they communicated those standards to you. Ask the employer if they ever gave you any written warnings or notices or performance appraisals to let you know your performance was not to their standards. You need to ask for the subpoena now, do not wait. The company is not required to turn over any information to you without the subpoena so get the subpoena issued now. Also, subpoena any and all of your witnesses now. If you fail to subpoena them and they do not show up, you will not get a continuance and will lose their testimony.
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