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Denied and Appealing in North Carolina

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  • Denied and Appealing in North Carolina

    After almost a year on the job as a commissioned salesperson my performance was continuously praised by management. Our new senior manager (of 2 months) offered me what was called a "promotion" which consisted of some time intensive chores and a very small "salary." Knowing that the salary would not adequately compensate for the time lost for sales opportunities, I respectfully declined and was told I could stay in the prior position.

    Ten days later I was called into a meeting with my immediate supervisors and issued a written warning for violating a couple of unwritten procedural policies. I defended myself vigorously and expressed my natural confusion. Ten minutes after the write up I was called into a second meeting where I was abused verbally by the senior manager, denied an opportunity to speak, and ultimately told once again that I could keep my prior job. Maybe ten or twenty minutes later I was visited by the senior manager in my office where I was told he had changed his mind and that I was fired. I literally begged him for another chance and he told me to home and call him in the morning. I did as he asked and when I called the next morning he told me the decision was final.

    I filed for UC and the Initial Determination was Denial based on 'repeated misconduct despite prior warnings." As I said I had never been warned verbally or in writing about anything and was a top performer with impeccable attendance, client satisfaction scores and sales volume. I have filed for
    Appeal and would greatly appreciate any guidance and advice.

  • #2
    All you can do is appeal & just tell the truth during the appeal process.
    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.

    Comment


    • #3
      Keep appealing. Eventually you will get a hearing. At that time, it is a credibility issue. Whoever is more credible in the opinion of the hearing officer will win.

      Think about little things you can ask your employer in the hearing or show by way of paperwork that will enhance yours and impugn his credibility. For instance, if you have a paper that shows you got a good review or did a good job on something, you need to put that into evidence, preferably after he testifies that you were a terrible employee. Little things like that will cause the hearing officer to doubt his credibility and make it more likely that you will prevail.

      Or, if you can get him to concede a few points, that will help too.

      Good luck.
      Bob Bollinger, Attorney
      Board Certified Specialist in NC Workers' Compensation Law
      Charlotte, NC

      Comment


      • #4
        Thank you Mr Bollinger...

        Thank you very much for the expert advice, precisely what I was hoping for.

        Will the fact that they offered me a promotion 10 days prior to this discharge carry a heavy presumption that I had been an individual that was highly unlikely to have had a sudden rampage of noncompliance?

        Since they never warned me even verbally about anything prior to the discharge, are they required to provide some written record of the alleged prior warning(s)?

        Will their failure to provide such records (assuming they don't fabricate them) fatally impeach their credibility?

        Is the standard here a preponderance of the evidence?

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        • #5
          I'm curious to know what happened since a friend of mine will soon be in a similar situation. We do have documentation to counter everything he submitted to the hearing officer as proof of his accusation, but I'm not confident it will be enough.

          Thanks,
          KB

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          • #6
            Since the original poster has not posted back since 2-2009, I doubt they will post back at this time. (at this late date)
            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.

            Comment

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