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Well I was denied unemployment - the employer said I was insubordinate. I am trying to create an appeal and I was hoping the attorney would look at what I wrote.

Submitted: 3 months ago.Category: Employment Law
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3/24/2018
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Infolawyer
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Satisfied Customers: 62,888
Experience: Licensed attorney helping employers and employees.
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Please post what you wrote. Thanks
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Customer reply replied 3 months ago
I was discharged from my job. The boss claim insubordination. During the hearing, the boss made a series of misleading statements - and now I have been denied unemployment. I have to appeal. I wrote an appeal letter. I wanted to get the opinion of attorney - do I sound like i have a case - based on what I present here?The events surrounding my dismissal.
I worked for Mr. Harvey from early December to February 27th, 2018. I was employed as Financial Planner/Client Service Manager. On February 26th, I was scheduled to take a financial planning certification test. Despite significant time spent preparing for this test, I did not pass the test. That evening, Mr. Harvey texted me at 7:14 PM asking “So how did it go Tim.” I called Mr. Harvey back and told him I did not pass the test and missed by a couple of questions. Mr. Harvey responded by saying “Oh, No!” He also asked me if “I was just nervous or if I had exam jitters.” I said, “yes, but the exam had little common with the practice tests.” I also told Mr. Harvey that I felt embarrassed about not passing the test and hoped this would not adversely affect our working relationship. Mr. Harvey said, “well that is something we will need to discuss tomorrow.” By the tone of his voice, I sensed that my job was in jeopardy as a result of not passing the certification test. I was therefore anticipating that my employment would be ending either February 27th, or soon thereafter.Events of February 27th, 2018
On the morning of February 27th at approximately 9:00 am. Mr. Harvey summoned me into his office to discuss the circumstances surrounding my failing the certification test. I closed the door behind me. An office manager, Ms. King sat in the main lobby with the TV on.Again, Mr. Harvey asked me if I was “nervous or had the jitters.” At this point Mr. Harvey’s demeanor was relaxed and seemingly supportive. I again explained to Mr. Harvey where I fell short and how the certification test didn’t resemble most of the practice tests. I also stated that I missed passing the test by only a few questions.Change in tone:
Despite this, Mr. Harvey said, “You know Tim, I really don’t think you are cut out for the investment business.” In contrast, Mr. Harvey told the adjudicator that we met to discuss how to “move forward”; the later implying that Mr. Harvey and I would find a way to work together despite me flunking the test.
I politely responded to Mr. Harvey, “Why do you think I am not cut out for the investment business?” The intent of me asking this question was to gain clarity as to why he would ask this question. (To some extent it felt like a subtle jab). Mr. Harvey seemed flustered and said that I had made “some mistakes” in the time I worked for him, including one time where I inserted the wrong figure into a form that was sent back to corporate office. He said that I was “even given” the right information by the “intern.” I explained to Mr. Harvey that I was given the wrong information by the intern that I had never completed one of these forms before. Furthermore, it was a mistake that could be easily fixed.At some point in the conversation, I asked Mr. Harvey if my employment would be moving forward if I had passed the certification test. He responded yes, implying that I my employment was ending either that day or soon thereafter. This seems to contradict the his statement that I was fired solely for insubordination (I initially contended that I was fired for not passing the exam).
I again politely asked Mr. Harvey if there were any other reasons he thinks that I am not cut for the investment business. Mr. Harvey angrily responded, “You did about 1000 things wrong and I did not come prepared with a list.” I kind of chuckled to myself, thinking, “How could I do 1000 things wrong? I did a lot of work for this individual and I even helped get his seminar set up for April despite all the red tape we encountered.”Despite an earnest attempt to seek clarification, Mr. Harvey become increasing irate with me. He angrily said “I didn’t expect this (the questions I asked). In the 3/15 meeting with the adjudicator, Mr. Harvey said “I saw a different side of Timothy Nolan. He was normally polite and reserved and now angry and hostile.” I have no recollection of being deliberately hostile, aggressive or behaving in an unreasonable manner towards Mr. Harvey. I asked Mr. Harvey a series of questions. I found many of his answers to be an unfair portrayal of my work performance - that is why I sought clarification.Mr. Harvey seemed to be very put off by my chucking, and he asked why I was laughing. I wanted to explain my position but Mr. Harvey became more upset and he berated me for not passing the certification test. Again, I thought “If he only new how hard to studied to get an acceptable score.” Here I saw I different side to Mr. Harvey, initially concerned if I “got the jitters” and now berating me for my failure. I sat in disbelief. Mr. Harvey also m
Customer reply replied 3 months ago
Mr. Harvey also made reference me to not doing any work when I was working overseas, which was false, and I told him that I did work overseas. Again, I viewed my responses as a defense of my own work, an assertion of what I did and what I didn’t do. Suddenly Mr. Harvey angrily blurted out, “Your fired.” He then tood up and screamed (clenched his teeth and stomping his foot) “get out.”Mr. Harvey left his office and entered the main lobby area which he screamed a second time, “get out.” In the meeting with the adjudicator, Mr. Harvey said that my behavior had the office manager “shaking.” I don’t personally remember the office manager shaking. It seemed that she was trying to calm down Mr. Harvey; and if she was “shaking” it was due more in part to Mr. Harvey’s behavior.There were other smaller exchanges between Mr. Harvey; mainly me pleading with him so I could get my personal belongs and leave. Mr. Harvey was so hostile and angry that I scurried out of the office as quickly as I could.In summary
The letter is vague as to why I was denied benefits. The adjudicator seemed to cue in on the fact that I “laughed” at Mr. Harvey – as if I laughed at Mr. Harvey in a mocking manner. That did not happen. Mr. Harvey’s statements about my work performance were exaggerated. Despite being aware of my test taking embarrassment, Mr. Harvey callously berated me for my failure. He also falsely accused me of misusing time when I worked remote. His behavior was angry, aggressive and unreasonable. He also told the adjudicator that I became angry and hostile after he supposedly asked me (what seemed like a reasonable question), “How do we move forward.” That isn’t logical. If Mr. Harvey was acting so reasonably, why would I respond in such an unreasonable manner?
In ending, I sought clarification from Mr. Harvey on a series of statements he made about my performance. His reaction was to become angry, aggressive and defensive. His reactions made me nervous and uncomfortable. I responded by chucking at a series of outlandish statements he made. My goal wasn’t to act unreasonable or in an appropriate manner towards one in authority. Therefore I ask that you reinstate my benefits.Thank you.
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
The narrative is fine but I think you need a paragraph that sets up the presentation namely addressing that you have been a good employee and there is no evidence whatsoever of misconduct or insubordination.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 3 months ago
Do you think that I have a reasonable case? Is there too much detail?
Customer reply replied 3 months ago
Would hiring an attorney add value here?
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
I think it’s fine with an opening paragraph. A lawyer can help. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.
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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
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Customer reply replied 3 months ago
There really were no witnesses to this exchange - or up the point of firing. The adjudicator seems disinterested in anything happening after he said your fired.
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Ok but the burden of proof is on employer. You have good narrative to refute and no evidence supporting their position.
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Customer reply replied 3 months ago
I though the burden of proof was on the employer - initially. However, since the adjudicator ruled in favor of the employer - the burden of proof is now on me to prove that the employer was wrong and that I am right. It was two people in a room behind closed doors. It was the employer making crazy allegations against me? He could make anything up he wants to. How can I defend against it?
Customer reply replied 3 months ago
The employer blew up in my face, not the other way around. I just don't know where I am going with this. He made misleading statements in the meeting with the adjudicator and now I have to prove he's full of it?
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
You want to point to false statements. That is a good strategy in reversing where company caught in a lie!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 3 months ago
Sure, I can do that - but he will deny it and stick to his story. He’ll say that I am lying.
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
You would point to bias, inconsistent statements, lack of corroborating evidence.
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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
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Customer reply replied 3 months ago
Is the only thing that matters - what happened up to the point of firing or during the entire interlude?the office manager was present but not during the meeting or at the specific moment the guy fired me. When I left the closed door meeting the guy chased me out of the office. My sense is that she would try to back up anything he says.That could hurt me unless the adjudicator is only interested in what happened up until the time I was actually fired.
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Both will be considered. Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as experts are not employees of the site and do not get any credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 3 months ago
That is she wasn't in the closed door meeting and she wouldn't have heard what happened until the point I was fired.
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
She lacks personal knowledge. You can raise that
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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Good luck!!
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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
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Customer reply replied 3 months ago
I said in front of her to him “is this how a Christian acts” the guy claims to be a big Christian. She looked at me and said “oh my gosh”. He also screamed your are not getting a reference from me. I told him I didn’t need his reference.The guy was just belligerent and nasty and I was just trying to get out of place. I know she will take his side. Does me talking back to him the way I did after he said our fired hurt me? The guy was really out of control. But she works for him. There was a bit of scene - but grant you I didn’t start it.
Customer reply replied 3 months ago
She will take his side because she works for him - she is not going to be objective.
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
I don’t think it hurts and a witness bias is relevant and you can raise it.We are normally rated per answerKindly rate me positively at this time.
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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
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