On the "Employer Notice" from the Kansas Dept of Labor, my ex-employer wrote that I had received prior warnings and listed 3 dates. Of those two dates my boss was on vacation during one week and had her scheduled day off on the other date. I have copies of the schedules. Do I mention this at the hearing next week?
In my version, I stated that I was only talked to once and it was regarding my attitude not about my "foul language", which I was terminated for. I was not on the clock when I said it and it was in the breakroom, not on the sales floor as they claim. Also, the store was not opened yet and no customers were inside. Is this really considered "unacceptable and improper conduct"?
My ex-employer uses a "duly authorized agent". Does that mean I should try and get an attorney or just hope for the best on my own?
Thanks

You should bring any and all proff that you may have that is in your favor. For example, if you can bring the schedules, it can be proof that your boss was not present on the days you were allegedly counseled, it can be in your favor. You can also bring any witnesses that you believe will verify your information.

As far as foul language when the store was not open, your employer has the right to set its policies on language - such as to prohibit foul language - even if the store isn't open. (FYI - It would be a problem if your employer tried to prevent people from speaking their native language in non-business situations.)

When it says your employer is using a "duly authorized agent", it means that they have probably contracted with a third party unemployment service. Do you need an attorney? No. I would just be prepared to raise points in your favor.

Let me know what happens. Good luck.

I have one more question. I tried quitting my job, by calling the store manager at home and said enough was enough I am clocking out and quitting. About an hour after I got home, she called and said she does not accept my quitting and to come in to work on Mon and things would be discussed. I went into work on Mon and then was terminated. Should I bring this up at the hearing or would this only hurt the case?
Thanks again

I believe you should see if it comes up. If it does, tell the truth. Let me know if you have any other questions.