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Employer is attempting to appeal VEC decision in my favor. Virginia

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  • Employer is attempting to appeal VEC decision in my favor. Virginia

    I have a few questions concerning a case that I am handling prose'

    OVERVIEW:

    terminated from my stocking position from (deleted) under false pretenses. My former employer alledged that I falsified the time I had worked for a paticular day. (At this (deleted) facility individuals (non-management) could access the companies intranet and perform time adjustments for forgetting to clock-in using the id card swipe system, performing customer assistance etc. The only way to access the computer terminals is to essentially be on the clock)

    This was in light of me speaking to the manager that terminated me the day before concerning misconduct during a write-up performed the day prior to the termination date. On the day I went to speak to the Co-manager, I rebutted a write up decision mad by an assistant manage that was suspect and of whom I reported before.
    I was essentially written up for not taking a meal period the month prior which was stupid because I am not going to work and skip a meal period. In this write up she also tried to lump in that I made several time adjustments in the computer system within the past 45 which was unrelated to the original write up. I smelt a set up and was right. I accessed the data within the computer and shore enough it reflected that I had actually taken a break that day. I argued that this manager could have taken the time to look in the computer system to determine whether or not I missed that meal period. I essential demanded that it be taken off of my record. During that write up I was refused documentation and when I asked her to show me the times for that day...
    she lied and said that they couldn't be accessed when i went right into the system and got the data. You would think that the co-manager seeing this fact would immediately take it off of my record because in the computer it stated that I did take a meal period and that the assistant manager was bright enough to actually double check in the system, but he originally stated that he would modify the actual write up/.

    Which was odd. After I asked a series of questions I brought out that more than likely I was being retaliated against because of the fact that I reported this same manager and the manager above her (which didn't make me a popular guy) for professional misconduct before and essentially had a write up removed from the record because it contained false statements about my performance. (I recently received a raise and employee of the month in addition to photographing the work that I did... the other co-manager actually reported that I did not perform my stocking duties and flat out lied after screaming at me like a nut job that I can fire you I am going to gain you.)

    So I ask to meet with the store manager whom had only been there a week prior. (The co-manager actually lied to me about the next date she would be at the facility)

    And wouldn't you know it the next day mysteriously a unnamed party just happened to be examining footage 2 weeks prior to my termination date showing that I falsified time. This joker actually said that um this isn't related to what you reported yesterday. Yup first I was written up for a event that supposedly occurred a month prior and then demonstrated that the manager who made the decision was incorrect again then mysteriously someone with access to footage scanned all of the cameras in a (deleted) facility concerning a play by play of my day looking through footage of all of their cameras for little old me within a matter of hours of me coming in the next day for my shift.... and they just had to let me go in light of me proceeding to file yet another grievance.... I was denied any and all paper work including a written letter explaining the reason why I was terminated.

    This bojo then proceeded to tell me that I would have to sepena the gain report/exit interview paper work and to get my lawyer to handle it. This newbie (he was only a manager for a few months.

    Naturally I wouldn't go I am going to get my lawyer!!!! without first going through the process of dealing with corporate first. This is because naturally down they would claim that I did not exercise all possible avenues to try to rectify the situation. I am basically stone walled for 8 weeks with voice messages of the corporate hr manager stating I didn't check the footage we will get back to you... 1 day to fire me 8 weeks to check video tape.... hmmm gee I wonder what somebody is really doing? Trying to consult a legal team perhaps. I was given the run around to the Hr manager to the district and regional manager and then I was bounced back down to the store manager whom was avoiding my calls (My brother worked at the facility not to mention my friends, class mates and neighbors... the operator would always say that she wasn't their when I already knew that she was by sending a text message to my associates)

    When I finally do go down there (I didn't want to just show up there so they can say I was a disgruntled crazy x employee and have me banned stating that I was trespassing) These jokers wasted my time denying me paper work, not letting me see the so called footage and actually insulting me.

    The new store manager whom was pretty much listening brought up two events. She really was not informed about what had actually transpired and gave management the benefit of the doubt. First was the write up I had overturned. Apparently she had her wires crossed because I had the documentation showing that during this process the co-manager was in the wrong and that prior decision was overturned.

    2) She mad an offhanded comment about me being arrested in the facility and having a record... Now common sense should have told this woman that if I was still working there I wasn't convicted of anything. In a nutshell I was dating a crazy co-worker who slandered me and made some serious allegations that got me escorted out of the store while she was laughing in the parking lot. Ultimately WON all three cases, record exponged sued for defamation!!! In the process not only did (deleted) set me up for the slaughter they suspended me while she continued to work there even after I returned to the store 15 minutes later because I was ROR and could actually afford a good lawyer (FAFSA refund check ftw)

    I came out of that meeting not surprised. The just wasted my time. Even though I had already filed for unemployment the corporate HR manager told me to file (SMH) as if I hadn't researched case law. I won those 2 of 4 of those initial cases pro-se plus I have been to civil court on 2 prior occasions and I have been a victim of a violent crime so I have been through circut court proceedings as a witness.

    The date of the hearing comes... the company sends 25 pages of random documents including unrelated write ups that were deleted excluding the recent write up from the co-manager I reported before. I win the case because of a lack of evidence. One would think... well if they terminated me off of the basis of video footage then couldn't they have simply sent a MP4 of the video illustrating me stealing $6 worth of time that I would receive on my next check on a day that I was asked to work overtime because we were short staffed.... yeah I won because of a lack of evidence on their part and the fact their whole theory or argument was illogical given the circumstances and the evidence they tried to present. It was obviously retaliation and incompetent (deleted)management that were trying to hide behind (deleted) lawyer's


    Now they are trying to appeal with essentially the same evidence and they added a new edition:

    section 60.2-618.1 Did the claimant leave work voluntarily without good cause?

    The very notion of this contradicts their statement to the VEC that they had to immediately terminate me upon discovery of video tape that I violated company policy.

    (Typically company policy has a 3 strikes and your out policy... you get three write up's and then a determination day where you have to write a letter stating why you would should sty there... prior to the write up that I was in the process of rebutting my record was clean)

    In addition to this I didn't quit the very next day I sent I sent a certified letter to the regional office concerning the open door policy in addition to a few voice mails.

    - Can I file a formal motion to dismiss this charge on the grounds that no significant evidence has been provided to support the notion that I voluntarily left employment... umm yeah I had no reason to leave a $12 hour job with benefits and flexible hours when I had to go to school etc. for about 3 years.

    - in addition to this is their a time frame in which i have to submit evidence in a VEC hearing. It was beneficial for me to submit info in the past the day off or prior to trial.

    - Is there a time limit in which I can file for a sepena.


    I am really vexed as to why they would try to appeal with zero evidence. One would figure that if reviewing video footage was conclusive evidence then why not submit that as opposed to 25 pages of Bologna.

    I suppose I could have a defamation of character under virginia state code and that's why they are fighting it.... But honestly I am just frustrated now because I loved that job or should I say working with some of the people at that job and volunteering for community service raising money at events. And receiving awards for great customer service etc. and a hand full of incompetent managers whom were sour about me practicing my legal right to rebut their decisions which more than likely were brought about by a sense of self righteousness because they sided with the young lady that defamed my character as well as they fact that when I returned to work some members of personnel including the young lady was terminated, figured that they need to find a way to constructive terminate me because they had personal issues and failed to do so through lying about my work performance before.

    (deleted) so sue me attitude really pisses me off. Since the new manager arrived a lot of higher paid associates were terminated for non-sense reasons with the basis that they had seen video tape footage that could be shown to anybody else.

    Conclusion:

    Thank you for your responses... (The VEC office is closed for the weekend so I can't call and ask) In addition to this I am handling it pro-se with a little advice from the attorneys I hired before. I simply want to forgo paying $1500 for an attorney after all I am unemployed and have limited income streams.)
    Last edited by Betty3; 01-28-2011, 05:54 PM. Reason: remove name of employer ("dept." store)

  • #2
    I'm sorry, but you need to cut that post down by at least half, if not more. We're all volunteers here and this is now the weekend. Please edit your post to include just the pertinent info and I'm sure you'll get responses. If we need more info, we'll ask for it.

    Thank you.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      & please do not post the name of your former employer - it's really for your
      protection.
      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 actually read the whole post and only about 1/3 is understandable (incorrect grammar, spelling and sentence structure).

        However it comes down to the fact that an appeal by the losing party is allowed under state law and they are exercising their right. All you can do is fill out the paperwork that is sent to you and let the state decide whether to appeal or not.

        I noticed you mentioned having a legal right to dispute a write up. It may be a right under a CBA but there is no federal law that states you have to be allowed to dispute the write up.

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