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I worked the past few months for a employer in VA who

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I worked the past...

I worked the past few months for a employer in VA who suddenly ended my employment. He's claims that I was insubordinate.The circumstances were as follows. One Monday, Feb 26th, I took a financial certification test which I failed. I missed passing the test by a couple of points. That evening my former boss called me and how I did on the test. I told him that I did not pass. My boss exclaimed "oh no." I said I felt bad about it and said I hoped it would not negatively impact my employment with him. He said that is something we would have to discuss the next day implying that my employment was in jeopardy.I came to work the next day and he summoned me into his office. He asked me what happened with the test, initially expressing concern and he even said "did you get nervous?" I explained to him that there were some discrepancies between what was on the practice tests and what was on the actual exam. He did not seem sympathetic to me taking the test a second time. He then said, "Tim I don't think the investment business is right for you."

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Looking to discuss with a labor lawyer

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No at will He claimed insubordination

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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Submitted: 1 month ago.Category: Legal
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3/16/2018
Lawyer: Marsha411JD, Attorney replied 1 month ago
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,758
Experience: Licensed Atty, 29 yrs exp in the practice of law.
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Hello,

Thank you for your post, can you tell me what your legal question is?

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Customer reply replied 1 month ago
I tried to enter this question in it's entirety a couple minutes ago.
Lawyer: Marsha411JD, Attorney replied 1 month ago

Alright, well that would be a duplicate question and you will want to close that question so you aren't charged again. Please just respond to this post and provide your question and any additional facts that you wanted to add.

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Customer reply replied 1 month ago
I worked the past few months for a employer in VA who suddenly ended my employment. He's claims that I was insubordinate.The circumstances were as follows. One Monday, Feb 26th, I took a financial certification test which I failed. I missed passing the test by a couple of points. That eveningmy former boss called me and how I did on the test. I told him that I did not pass. My boss exclaimed "oh no." I said I felt bad about it and said I hoped it would not negatively impact my employment with him. He said that is something we would have to discuss the next day implying that my employment was in jeopardy.I came to work the next day and he summoned me into his office. He asked me what happened with the test, initially expressing concern and he even said "did you get nervous?" I explained to him that there were some discrepancies between what was on the practice tests and what was on the actual exam. He did not seem sympathetic to me taking the test a second time. He then said, "Tim I don't think the investment business is right for you."I asked him "Why he felt that I was not right for the investment business?" He responded by citing an example of where I put the wrong data into a form that was sent to our corporate office. I explained to him that an intern gave me the wrong information. He did not seem much interested in the answer. At some point in the conversation he also said my employment would have "moved forward" if I had passed the test.Back to the issue of "not fitting into the investment business", I again if there was anything else I did wrong and he became angry and blurted out "you did about 1000 things wrong here, I didn't come prepared with a list." He also disparaged me for not passing the test. I kind of chuckled in disbelief because of this statements.When I did this he yelled "Your fired". He proceeded to yell at me further, telling me to "get out" of his office. He followed me out of the office. There was an exchange between myself and him. I tied to defend myself and I was a little agitated at this moment. He again yelled "get out". I scurried to get my belongings and left.Yesterday I had my hearing with state to determine whether misconduct took place. He claimed that I was "insubordinate and disrespectful" and that my "outburst - (I would contend that all of the outbursts came from him) caused the office manager to become "shaken." He also characterized me as normally reserved but suddenly "out of control." I would contend that it was he, not exhibiting hostile behavior which a series of angry outbursts.He characterized our meeting with the moderator differently I did (the moderator acknowledged this). He invited me into his office to discuss "how to move forward." I would contend that the meeting had nothing to do with "moving forward" but was more him firing me. He also said that when he tried to discuss the issues, I became unruly, belligerent and rude. I denied this and stated that I was looking for clarification as to why he said "you are not cut out for the investment business."When I told my story to the arbitrator, she was disinterested in anything I had to say after he yelled "your fired." My concern is how she reacted when I said "I chuckled" at something he said. I tried to clarify that I was not laughing at him but at some of the things he said which were over the top and in some cases false.She also asked him if insubordinate behaviors were outlined in the employee manual. He said "I would to check our manual." I can tell you that I was never given an employee manual when i started and I don't believe one exists.Assuming she sides with him, how do I effectively appeal this?
Lawyer: Marsha411JD, Attorney replied 1 month ago

Thank you for the information. You are asking for legal advice and opinion which is beyond the scope of what we can provide. Not only because we don't really have all of the facts from all sides, but also because we are not forming an attorney-client relationship via this Site. I will opt out of your question though and allow someone else who might feel more comfortable with hazarding advice to assist you. Someone will let you know if they can assist you.

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Customer reply replied 1 month ago
Can you tell me if there is grounds for insubordination?
Customer reply replied 1 month ago
if you can't answer can I get my money back?
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