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Failed Probation - Employment Terminated Florida

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  • Failed Probation - Employment Terminated Florida

    I was selected for the job and the probation was for 1 year. Then permanent employee. I was given an written reprimand for violating policy. I replied to the reprimand stating that the allegations are inaccurate. After 3 weeks, I was terminated for failing probation. I applied for unemployment and put in my side of the story very mildly and omitted some major issues. I received the wage transcript. I was told that my claim would have been sent to my former employer and that they are to respond. Will I get a copy of my former employer's response. I would like to know why I failed my probation.

  • #2
    No, you will not get a copy of the employer's response. You will be told in general terms what the response was.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      The one exception would be if an appeal is filed: either by you because you are denied, or the employer because you weren't denied.

      If it's via a telephone hearing, you'll be mailed a packet with the deputy's comments and the form submitted by the employer and any attachments.

      If it's in person, you'll have access to the information prior to the start of the hearing.


      • #4
        The reason your employer will (likely) give is that you failed probation. You are not legally entitled to the details about why they consider you to have failed or any investigation they may have done.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


        • #5
          I applied for unemployment and put in my side of the story very mildly and omitted some major issues. Which you can anticipate your employer will inform the UC Division about.


          • #6
            I was told by a work source employee that I will be contacted by the adjudicator for my side of the story. I do not know if it will be by telephone, e-mail or mail. I was told that I can tell all to the arbitrator including hostile work place, retaliation for complaints, failed probation is a pretext to terminate my employment, etc. Why does my former employer even contest unemployment benefits? Knowing fully well that my work was very good at every level and that my conduct is as good or better than other employees? How will they prevail at determination that I failed probation if they do not give any reason for such?


            • #7
              Just because you think you did a great job doesn't mean the company thinks you did. It is also possible the company has documentation of something you did that will support the termination.

              You might want to think about what you are alleging before responding to unemployment. I have responded to many claims and in 7 states; claims that are clean and streamlined are easier to win. So if you allege hostile work environment (which is not what most people think) retaliation for complaints, etc you may inadvertently help the employer's case. Keeping it simple is usually the best.


              • #8
                The term, hostile work environment, has a very specific meaning in employment law, and it is not what most people think it is. Also, not all or even most "retaliation" for complaints is illegal.

                You don't have to; it's entirely up to you. But if you want to share a little bit more about what you see as an HWE or retaliation, we can give you a better idea how, if at all, they will play into your UI claim.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


                • #9
                  If you have a hearing the ajudicator will ask for your side of the story as far as the termination is concerned. They do not want nor will they listen to, a laundry list of complaints about the employer. They do not care if you worked for Pollyanna or Attila the Hun. They only care about the reason you were terminated and whether or not if was a reason which either qualifies for UI or disqualifies you. That is it.

                  This assumes you even get to the hearing phase. Most claims never do.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


                  • #10
                    1) Around January this year I brought to co-worker's attention that I was being excluded and that exclusion is a form of discrimination. Immediately she accused me of condescending behavior because of her gender. Then she told me that I should not be working there and asked me to leave. I did not do so and she walked off her workstation. I then sent an e-mail to the Administrator X and Supervisor. Supervisor replied that I do not have to leave and to continue working.
                    2) The next day I sent an e-mail to X that co-worker allegation are not accurate and to bring to my attention any such complaints.
                    3)X met with me soon after in his office. During the conversation, I mentioned that it is hostile work place for me. He then intimidated me saying that I am still a probationary employee, have no rights and could be dismissed at-will.
                    4) Some days later I brought to X that I was not recognized on a document that Y circulated. X e-mailed this concern to Y and she responded accepting responsibility to the oversight and additionally made me a member of Habitat Mapping & Change Technical Committee for the ABC system. We had a mutually beneficial professional working interaction till my termination.
                    5) However no such action was taken about the concern I brought to X about co-worker's hostile actions to wards me. She was and is still on probationary period till my termination.
                    6) Few months later: I complained to X and my Supervisor (via e-mail) about another employee Z use of profanity towards me, his inaccurate accusations that I was not doing my job and not cooperative regards to my quality of work. I once again re-iterated that it is not in my character to be untruthful, unprofessional, and requested that any allegation by any one be brought to my notice. Supervisor responded to the e-mail that he would talk to Z. After that Z never repeated such behavior towards me and we were mutually courteous.
                    7) No allegations of any nature were brought to my notice till June by either the Administrator (X) or Supervisor.
                    8) During my time I noticed many errors, negligence, inefficiencies etc., and communicated the same to X, Supervisor,plus some to K (Asst. manager), M (GIS Coordinator/ Database Administrator)via e-mail such as data on a portable hard drive lying on the floor in corridor, GIS data not really being backed-up and K's knowledge of the same and inaction, metadata errors such as SoSO's landcover/landuse served on the data miner: SOSO for one year and NRCS soil data for another, many viable end-products not generated previously, inadequate methods previously employed that resulted in nonviable products,need to redo, etc.
                    9) Around early June I was given the official oral reprimand by X. The same was neither truthful nor accurate. Supervisor mentioned that I rebut the same and so I provided to him my response in writing along with my signed oral reprimand. I attended EAP sessions as recommended in the oral reprimand and mentioned that it was discrimination to the EAP counselor.
                    10) By end of June I received my termination letter.
                    11) I have submitted my monthly progress reports to Supervisor as required and documented my progress of my performance in various other e-mails. I also proactively talked with Supervisor if there was any implied offense in any of my communications. He affirmed that I was OK.
                    Last edited by daveraj; 07-18-2012, 12:35 AM.


                    • #11
                      Exclusion as a form of discrimination? It depends on why you were excluded.

                      It sounds like the company got tired of you throwing around the discrimination/hostile work environment accusations and decided to term you. If you were still on probation in June then when the problems first started in January you were only a few months along in your employment. If I had an employee that continually complained about discrimination or harassment and did not take my oral warning seriously, then I would recommend firing.

                      Being a probationary employee really doesn't matter to your term. You could have been a long time employee and been termed just as easily (assuming there is no union contract).


                      • #12
                        You still haven't shared any basis for the discrimination. Excluding you is not illegal. Nor are using profanity, leaving you off a document, complaints from others that you are not performing your job to their satisfaction, or reminding you that you are still on probation and can be terminated at will.

                        In just a few short months you managed to be written up, had a coworker claim you were condescending toward her because of her gender (which IS illegal), complained numerous times about the way things were done, had to attend EAP sessions because of your behavior and throw around allegation that you were being discriminated against when there is no evidence of such. That is not the way to ensure a long tenure with any employer. Frankly, what comes across loud and clear is that you are difficult to work with and not willing to rake responsibility for your own actions. Everything is someone else's fault or they are wrong. No employer is going to want to deal with that long term. I'd strongly suggest rethinking how you approach people and how you come across or this pattern is liable to be repeated in the future. You can't control what others do but how you respond to their actions is key and that you have total control over.
                        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


                        • #13
                          You both are right. Discrimination still exists. One has only to read or watch news and almost no day passes without a major act of rabid racism. I totally agree with you two that the employer got tired of my complaints and canned me. If the employer had any shame, he would have addressed the complaints or denied my complaints after finding out the truth through the process of investigation. Instead the higher ups just sat on it waiting for me to break or go away.

                          Ofcourse I was written-up, with malice (Point 9. niether truthful or accurate). Yes, some of the co-workers are very ineffcinet in their work. Who cares any way? It is after all the taxpayer's money. So the HR wanting some work in their hands (job-security) fired me, again who cares if the outcomes are useless, as long as the taxpayer is willing to foot the bill. The EAP counsellor fully agrees that it is blatant discrimination and will testify so.

                          I sent the above 11 points so that some one with knowledge can provide useful information as the adjudicator is going to issue an findings of facts after investigation. I came across a Florida law that states if failing probation is the reason for termination, the burden of proof is on the employer. I do not beleive that they got tired of my complaints and fired me will be any more legally valid than stating they do not like my skin color and fired me. Of course they can mention that my numerous complaints were untruthful. They can coach all the staff too to lie.

                          On the positive note, going forward any one has suggestions that would help in communicating these points to the UC arbitrator so that he would see the light through the darkness of my former employer's deeds and issue the finding of facts. Ofcourse they all publicly proclaimed their christian faith. I am not deceived and I beleive many obtain the gift of self deception.


                          • #14
                            What form of ILLEGAL discrimination are you claiming it was? Race, religion, national origin, gender, age, genetic info, disabilty or pregnancy?
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


                            • #15
                              I was asked to leave because I, unlike the rest of the staff (20) am the only minority (National Origin) in that work location. There were no blacks, hispanics, asians, native americans, etc at the location. Only white males & females. There was one hispanic lady, but not at the location and half employed by another agency (some sort of work sharing).

                              Of course I was constanly treated differently such as issuing a reprimand for a minor reckless slight of talk while others engaged in far worse behavior were given a talk at most. The reprimand was spiced with blatant lies and inaccuracies. No reason was given for failing my probation. My work was as good or better than others, my conduct was as good or better than others, I was honest, admired for being a gentleman. My work was appreciated by all especially other agencies and they repeatedly requested my assistance and even placed me on a nation-wide committee. I excelled in many of the projects in my workplan, completed them in time.

                              Yes, I complained many times. All my complaints were true and proffessional. I fully agree that they got fed up of my complaints and canned me. What should I do? Simply remain silent while all this is going-on? I was always proactive: asking my supervisor if I offended any one in any way.

                              Absent any explanation/s why I failed my probation, I see nothing but retaliation. yes, too many complaints - better to get rid of him while he is still in probation. I know they are jumping with joy. I for some reason did not expect the higher-ups (self proclaimed christians) to follow through in this deception. Should have known better.

                              Any ideas with the upcoming UC arbitration? Retalition: complaint of one mild act of discrimination or pointing out some incidents of inefficient/negligent work?
                              Last edited by daveraj; 07-18-2012, 11:45 AM.