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fired under the disguise of insubordination

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  • fired under the disguise of insubordination

    for the last past six months me and my supervisor have not been seeing eye to eye.i went to human resource on him three times ,i documented everything.ive been with the company for 2yrs 7months and never not once ,had any problems with upper management ,upper management did not take me seriously when i complained that i was being harassed and threaten with termination .i was even told that they was going to move me to first shift but they never did.i got hurt on the job due to my supervisors negligence.Once i was cleared to go back to full duty they fired me for insubordination. Now i applied for unemployment benefits but i am sure they will deny me and i will have to appeal the decision.due anybody have any suggestions on my next move to make.

  • #2
    If you were actually fired for insubordination, that would not be illegal & you might not receive UI. Of course though, apply for it (which you did). If you are denied, you can appeal.

    If you believe you were really fired for something other than insubordination such as filing a workers comp. claim, you might want to talk to a lawyer.
    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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    • #3
      The company doesn't deny or approve unemployment. It is up to the state. Being told you may be terminated might have been viewed as giving you feedback, not harassment.

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      • #4
        work place harassment:

        http://www.eeoc.gov/laws/types/harassment.cfm
        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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        • #5
          Any recourse depends greatly on what you mean by not seeing eye to eye, harassment and negligence. Those terms have very different meanings under the law and the circumstances dictate whether or not there is a legal remedy.
          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.

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          • #6
            Agreed. Also whether or not you get UI and whether or not the termination was "wrongful" are legally two VERY different things. The vast number of terminations are lawful (no laws violated), but most terminations also qualify for UI. So you need to be very clear if you are talking getting UI benefits or if you are talking about an actual law being violated with the termination. If you are talking about UI only, file the claim, maybe appeal if denied but the results are solely a function of your state's UI system. The employer's opinion carries no more (or no less) weight then yours. If you instead are talking about a wrongful (illegal) termination, that is "talk to a termination lawyer" territory. So far nothing you have said sounds like a wrongful termination has occurred.

            In the U.S. most terminations are legal under Employment At Will.
            http://en.wikipedia.org/wiki/At-will_employment
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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