Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.
The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment. So, even if you were not aware of the policy, it would not, necessarily, give rise to any sort of claim for being terminated, since they have a right to terminate with or without cause.
If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.
Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.
I am sorry. I wish I could tell you otherwise, but I do not want to see you spinning your wheels on this claim, with little likelihood of recovery.
Do however file the appeal. You may wan to retain an attorney for the appeal, as you may have a pretty good shot at getting the initial denial reversed.
If you need assistance finding local counsel for the appeal try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.
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