I'm an employer of a small business and fired one of my employees of 3 years for what I feel is willful misconduct. I appealed unemployment benefits of the employee, they appealed and now there's a hearing (they requested in person). They got a lawyer, I was wondering if I should get one if they got one?
The other three employees I have all witnessed their misconduct which included: showing up late for work (once), texting during office hours (once), not doing procedures when told to do so (three times--said she forgot), not starting work on time/seating patients on time (three times--6,8 and 10 minutes behind schedule b/c wasn't prepared for day), rearranged schedule on own accord (twice) on computer when told this was not permitted and only allowed by the receptionist, talked back to me/employer and receptionist (only witnessed by me when it happened to me, but was witnessed by me and receptionist when talking back to receptionist), came back from lunch 1/2 hour late without asking if she could, stopped work on a patient without asking permission and without finishing treatment on that patient. The employee signed an office manual stating they agreed to our policies which included: no texting, no showing up late for work, starting on time, and not rearranging schedule. Each occurrence of misconduct by employee was documented by me, the employer, dated and signed by me, but not the employee--is that a problem? Also, we had office meetings about four times a year during which that employee along with all other employees were told that if they didn't do certain things or did certain things, like mentioned above, their job was in jeopardy...which all other employees also witnessed.
The claimant stated on their appeal of appeal that they were fired b/c they didn't work fast enough. That was never told to employee and every employee that currently works for me have agreed to witness to this and the above acts of misconduct.
Their father called me and left voicemail on my phone telling me what he thought of me (cussing) which I have recorded and submitted into evidence but I suppose it doesn't mean anything.
I don't really care if my unemployment rates go up, but it's the principal of it. They were fired for in my opinion good cause and I don't feel she should collect unemployment since she was terminated for good reason.
Should I get a lawyer? Any advice on presenting a case? I have three witnesses including myself, do I have to be present? The only concerns are not having the employee document what I documented (is that necessary) and regarding them having a lawyer. I don't want to pay for one and was wondering if I could just get by with having my employees and one of my associates there (who is also an employer) so I can work that day? I'm not sure if them having a lawyer, if they will throw verbal jargon that will make my employees mess up.
Thanks for any and all help,
Mark
The other three employees I have all witnessed their misconduct which included: showing up late for work (once), texting during office hours (once), not doing procedures when told to do so (three times--said she forgot), not starting work on time/seating patients on time (three times--6,8 and 10 minutes behind schedule b/c wasn't prepared for day), rearranged schedule on own accord (twice) on computer when told this was not permitted and only allowed by the receptionist, talked back to me/employer and receptionist (only witnessed by me when it happened to me, but was witnessed by me and receptionist when talking back to receptionist), came back from lunch 1/2 hour late without asking if she could, stopped work on a patient without asking permission and without finishing treatment on that patient. The employee signed an office manual stating they agreed to our policies which included: no texting, no showing up late for work, starting on time, and not rearranging schedule. Each occurrence of misconduct by employee was documented by me, the employer, dated and signed by me, but not the employee--is that a problem? Also, we had office meetings about four times a year during which that employee along with all other employees were told that if they didn't do certain things or did certain things, like mentioned above, their job was in jeopardy...which all other employees also witnessed.
The claimant stated on their appeal of appeal that they were fired b/c they didn't work fast enough. That was never told to employee and every employee that currently works for me have agreed to witness to this and the above acts of misconduct.
Their father called me and left voicemail on my phone telling me what he thought of me (cussing) which I have recorded and submitted into evidence but I suppose it doesn't mean anything.
I don't really care if my unemployment rates go up, but it's the principal of it. They were fired for in my opinion good cause and I don't feel she should collect unemployment since she was terminated for good reason.
Should I get a lawyer? Any advice on presenting a case? I have three witnesses including myself, do I have to be present? The only concerns are not having the employee document what I documented (is that necessary) and regarding them having a lawyer. I don't want to pay for one and was wondering if I could just get by with having my employees and one of my associates there (who is also an employer) so I can work that day? I'm not sure if them having a lawyer, if they will throw verbal jargon that will make my employees mess up.
Thanks for any and all help,
Mark
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