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Fired, Unemployment denied. Seeking Advice... Ohio

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  • Betty3
    replied
    All you can do is wait & see what happens in your 2nd appeal phase.

    We don't make the decision.

    Good luck.

    Leave a comment:


  • emtrico
    replied
    Originally posted by HRinMA View Post
    I am not disputing your facts but trying to show you what might be brought up in the unemployment hearing. I don't see what your partners have to do with the situation other than 1 didn't wake you up. If you have to go to a hearing, try to stick to pertinent facts since bringing up unrelated things can distract the adjuster and bring up questions you might not want brought up.
    You are correct, I did not hear the phone ring on the dispatchers first attempt to call my room... Unless you are familiar with the EMS field, it is difficult to understand where I am coming from. Even though I did not wake when the dispatcher called, this is an every day occurance there. It has happend to me multiple times before as well as every other employee as well. The dispatcher understands the hours we work and until this incident, the company has never flagged this as an issue or punishable offense. The dispatcher calks the room right back and 9 times out of 10, the employee hears the second phone call. If you do not answer the second phone call, the dispatcher will then notify your partner or the supervisor on shift to wake that employee. For that there is consequence, but not after a single attempt. The supervisor on my shift quit the job over a year before I was fired. The dispatcher was acting supervisor that night. After she delegated the responsibilty to awaken me to my partner, she never grew suspicious after minutes passed and we did not notify her we were enroute to the call. After about 5 minutes had passed, the dispatcher called the station's kitchen phone in an attempt to figure out what was tsking us so long. Neither of us answered that phone because of two reasons... First was because I was sound asleep multiple rooms away from that area with my bunk room door shut, and two because my partner instead of waking me like she stated she would, decided a smoke break outside the station prevented her from hearing the phone. Dont you think at that point if you were the dispatcher you would attempt to call back the room of the employee you havent been able to reach just as precaution? Or perhaps called one or both of the employees cell phones to locate them and find out what was going on???

    As far as the other things I mentioned go, they may be confusing and off topic to the incident at hand, but it shows that I was placed in a position to fail and give the company a reason to terminate me. When I refused to give them a reason to fire me, they changed the policy immediately without notification to produce a reason to terminate me. I have copies of the rules and regulations as well as the company policy and nothing in those documents states anything relating to my incident... It was decided on the spot that what I did was a violation of company policy just so they could get rid of me. Its not right, its unjust, and its prejudice. After 8 years with the company I was pushed, overworked, and singled out because The company I worked for likes a high employee turn over rate. They do not like to pay out raises and they did not like being questioned when they asked me to commit medicare/medicaid fraud for billing purposes so they could make more money. I put my own EMS license on the line so they could make money and ultimately fire me.

    Leave a comment:


  • HRinMA
    replied
    Originally posted by emtrico View Post
    Sorry I have not had time to respond, very busy with a new job. My claim is still in its 2nd appeal phase, no date set for hearing as of today. I wanted to reply to this post about not answering the phone... This job is a 24 hour shift, when you have worked 18 straight hours of the 24 or even all 24 hours repeatedly during your shifts you sometimes become exhausted. For the past year I have been partnered with only 2 different partners while the rest of the crews switch monthly. I was placed with the 2 employees that the rest of the company refused to work with. My workload was also doubled and somedays even tripled. I was put in a position designed to make me fail at some aspect of my job. As for the phone, its not uncommon for any of the employees to not hear the phone ring on the first attempt after a busy day at work. Dispatch calls back to that person after they wake the second crew member. According to the dispatcher, she never called back because my partner said she would wake me... Instead of calling me back, dispatch called a phone 4 rooms away to get ahold of me??? This was doctored into something that was never a policy or rule until this day.
    I am not disputing your facts but trying to show you what might be brought up in the unemployment hearing. I don't see what your partners have to do with the situation other than 1 didn't wake you up. If you have to go to a hearing, try to stick to pertinent facts since bringing up unrelated things can distract the adjuster and bring up questions you might not want brought up.

    Leave a comment:


  • emtrico
    replied
    Originally posted by HRinMA View Post
    I agree with Catbert to continue your appeal.

    However I want to point out the weak spot in your argument. You said it isn't your fault but you didn't wake up. You knew a requirement of the job was to respond when the phone rings but you were unable to do so.

    So not waking up to the phone call was a violation of policy. The extenuating circumstances with your partner and supervisor and how it was handled with others may get you unemployment but clearly you broke a policy.
    Sorry I have not had time to respond, very busy with a new job. My claim is still in its 2nd appeal phase, no date set for hearing as of today. I wanted to reply to this post about not answering the phone... This job is a 24 hour shift, when you have worked 18 straight hours of the 24 or even all 24 hours repeatedly during your shifts you sometimes become exhausted. For the past year I have been partnered with only 2 different partners while the rest of the crews switch monthly. I was placed with the 2 employees that the rest of the company refused to work with. My workload was also doubled and somedays even tripled. I was put in a position designed to make me fail at some aspect of my job. As for the phone, its not uncommon for any of the employees to not hear the phone ring on the first attempt after a busy day at work. Dispatch calls back to that person after they wake the second crew member. According to the dispatcher, she never called back because my partner said she would wake me... Instead of calling me back, dispatch called a phone 4 rooms away to get ahold of me??? This was doctored into something that was never a policy or rule until this day.

    Leave a comment:


  • HRinMA
    replied
    I agree with Catbert to continue your appeal.

    However I want to point out the weak spot in your argument. You said it isn't your fault but you didn't wake up. You knew a requirement of the job was to respond when the phone rings but you were unable to do so.

    So not waking up to the phone call was a violation of policy. The extenuating circumstances with your partner and supervisor and how it was handled with others may get you unemployment but clearly you broke a policy.

    Leave a comment:


  • CatBert
    replied
    Keep appealing.

    The reason you're getting turned down for legal representation is there is nothing illegal about what happened.

    Leave a comment:


  • emtrico
    started a topic Fired, Unemployment denied. Seeking Advice... Ohio

    Fired, Unemployment denied. Seeking Advice... Ohio

    I apologize this is a long read. Any suggestions would be appreciated...

    I was recently terminated from my job. I worked for a private ambulance company for 8 years before my termination. The work place has been extremely hostile for the past 2 years I have worked there, I had been approached almost daily by supervisors over the past few months telling me "don't give me a reason to fire you today" as well as multiple employees calling me while I was off duty to warn me of things they overheard.

    I was terminated for violating a company rule. What rule I broke I am still yet to find out. My application for unemployment was denied, my representative admitted she was not familiar with my line of work and my claim was denied almost instantly after speaking with her. I appealed the determination online (they only allow so much space to type your appeal) and it was also denied. I was not contacted by the appeal board to add anything to my limited response online. I am currently awaiting my 2nd appeal date and attempting to find legal representation on no income. I have applied at the local legal aid service with no response. Time is the biggest issue, the unemployment department only allows a certain time period before you have to advise them of your legal representation.

    The incident in which I was fired is complicated. I worked 24 hour shifts at this ambulance company. We were allowed to sleep during our shift. In each individual room for the employees on shift there is a phone for dispatch to call on. I was asleep in my room and a call came in. I did not hear the phone ring. (this is not uncommon for employees to not hear the first call from dispatch) The dispatcher who would have been the acting supervisor at the time then called my partner's room. She answered the call and dispatch informed her that she was unable to reach me on the first attempt and that she was going to call me back. My partner told the dispatcher that there was no need to call me back, she would knock on my door and wake me up. Instead of knocking on my door, my partner went out for a smoke break. when she was finished she knocked on my door. I immediately got up, went straight to the kitchen area for a glass of water. (we are allowed approx 3-4 minutes to use restroom and get dressed) My partner informed me "we didn't have time for this" and I returned telling her I needed a glass of water after being asleep and it has been less than a minute since she knocked on my door. Thats when she told me that the call had come in approx. 7 minutes prior to her knocking on my door. I asked her why she waited so long to knock on my door and she didn't respond. upon walking out into the ambulance bay, I could smell cigarette smoke. I asked her if she decided to have a smoke break before waking me, again she didn't respond. We left for the call and when I came back to the station I was called into the office and was told I was stupid by the operations supervisor. The vice president of the company told me "it doesn't look good for you" even though he did not look into the matter yet. The events that I spoke about came from the dispatcher that was on duty at the time of the incident. I had no idea that there was an emergency call, the dispatcher delegated her responsibility as acting supervisor to my partner instead of calling my room back a second time. My partner did not act within a timely manor and because of that, I was fired.

    I cannot find local legal representation because the owner of the company I worked for is a labor lawyer. I have received two letters in denial of representation due to "conflict of interest". I assume its because the owner knows them and is friends with them.

    I never violated a rule, I wasn't even aware the situation was going on. The rule that my former employer says I broke is a mystery... Any input would be greatly appreciated.
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