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  • Need Advice South Carolina

    I was fired by my employer 03/01 filed unemployment 03/02. The reason I was fired they stated due to contractual obligations to the client and I failed to meet them and they were separating employment. I had my "fact finding" interview with the unemployment office and today received a letter stating I was disqualified from receiving benefits or have been found to be ineligible for benefits. The description states failure to comply with company regulations and the rules violated were not unreasonable, you did have the opportunity to have knowledge of the company rules.
    The problem is I was a trainer and the day I was let go they told me that all employees had to make a minimum of 80% on all tests taken in class. This was never communicated to me. The next day they had a meeting with all of the other trainers and communicated this information to them. I have the email that was sent to the other employees stating that going forward all "reps" must make an 80%. I want to appeal the decision for my unemployment because I for one had to wait 8 weeks for the decision and I feel that the decision is wrong because the information was never given to me. The "reps" were not given this information either as I started as a rep and was never told nor signed anything stating I had to make a certain percentage or my employment is no more. Also, I have the grades students made in the other trainers classes which some of them were under 80% and none of those trainers were let go only myself.

    Any suggestions on the appeal process and what all information I need to include in the appeal?

  • #2
    In the appeal you would state that you did not know the requirement before your termination.

    Were there any goals for testing that you were aware of?

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    • #3
      During the appeal, just tell the truth. Good luck to you.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        I wasn't made aware of any expectations or requirements as a regular rep or a trainer. I am typing appeal letter now and sending it tomorrow certified.

        Thank you and I will keep you posted on everything.

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        • #5
          I would also state in the letter that it is unreasonable to require a trainer to teach such that all employees meet a given score on tests. The trainer has no control over who attends the class or how much effort each individual puts into the class. As such, valid criteria for measuring the trainers performance should measure the trainer not the students. Measuring the trainer based on student's performance on tests merely rewards trainers who give the students test answers rather than teaching the material.

          I am aware of the controversy surrounding this concept in the public school area. While there are two sides to the controversy, I feel it is a valid point to raise in defense of a trainer who has been fired based on student performance. To me, it is NOT a question of whether the trainer knew of the requirement or not, for UI purposes. For UI purposes, the question is, does failing to meet this requirement constitute violation of company regulations. I would maintain it does not. Failing to meet performance criteria may be a reason to fire someone, but it is not a valid reason to deny unemployment. Violation of company regulations would more properly be something like there is reserved parking for executives and a non-executive employee insists on parking there.

          Good luck.
          Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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          • #6
            I received my notice for my hearing. My question now is should I retain an attorney or do it on my own? I have the email sent to the remaining trainers after I was let go stating the "new" requirements for which I was terminated for. It also gives me the option to subpoena any witnesses which I plan on subpoena all of the people that were in the training department at that time as they can give the time line as to when we were made aware of the "requirement" of the employees/students assessment scores.

            So, the ultimate question is should I retain legal counsel for this hearing? I am really nervous/scared that I may not doing something right and mess everything up.
            Thanks!

            Comment


            • #7
              Honestly, the process is set up so that claimants don't normally need an attorney on the first level of appeal. You may want to consult with one to prepare your case, but I wouldn't expect you would need to retain an attorney at this point. I've represented the employer in appeals, and I never had the company attorney with me at this level.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                I had my hearing today. I was stressed out and nervous for nothing. The employer didn't even show up. I am hoping them not showing up means that I will get my back pay.

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