Denied unemployment....what the hell!? (apartment, lease, home)

[KjC0957]

TERMINATED AND DENIED UNEMPLOYMENT
I applied for a night custodial position with the Washoe County School District. I was hired February, 2011, working at an elementary school. My shift was Mon-Fri 3:00pm-11:30pm.
Following a recent divorce/custody battle I was left without transportation (bicycle excluded) so I leased an apartment directly across the street from the school assigned to me.
A year plus later, March, 2012, an incident occurred during my shift. I mistakenly locked myself out of the school building at 9:00pm. The school keys, my cell phone, bicycle, jacket and garage door opener were locked inside the building. I checked all the exterior doors and windows to the building, including 4 adjacent modules, hoping to find an unlocked door or window. Keep in mind that I open all the interior classroom doors while working for easy access.
My cell phone contained all the pertinent numbers to evening supervisors and contacts to regain entry to the building. My cell phone is my phone book but I went home hoping to find I had written them down somewhere. I had to kick-in the side door of my garage to get in as my garage door opener was inside the school.
My sister and I had prearranged her to pick me up at 11:30 so I could borrow her car the following day. She came at 11pm and I explained my dilemma. We got a couple flashlights searching for the keys outside the building and rechecking doors.
At 11:30pm I brought her home and returned to my house. I felt the only thing I could do is wait until 6:30am when my supervisor arrives and try to complete as much work as possible before school started at 9:00am.
Having a cold I took some Nyquil and fell asleep. I woke up at 7:00am and ran across the street to school. I was surprised when I was greeted by a senior supervisor, my supervisor and the school police!
I explained what happened and I was placed on paid administrative leave so they could conduct an investigation. Six weeks later I was terminated. I was shocked by the outcome!
I filed for unemployment. I am currently appealing my termination with the WCSD.
I was DENIED unemployment benefits. The Decision Summary states:
You were discharged for deficient work performance and failure to follow policies and regulations, specifically on 3/14/12 when you failed to secure the interior of the building before leaving my shift.
You state that after losing the keys, you did not contact the employer or managers since your cell phone was locked in the building but made no efforts to contact school police or local police to secure the building.
Your actions have shown a disregard to the employer's reasonable expectations. Misconduct in connection with work has been established and benefits are denied.
I am dumbfounded by this. Not only my termination but denial of unemployment benefits. Even though the exterior of the school was secure I was terminated because of the interior doors were open. My only concern at the time was being able to get back into the building and finish as much work as I could before school start. I certainly did not think the interior doors would be an issue.
No progressive discipline, no warnings....termination!
What's your twist on this. I'm honestly dumbstruck. I'm broke and can't survive even on the small amount I would get from unemployment. I need to survive until I can find new employment.
I believe they think I just left the building and went home or wherever. God knows what they think.
Any opinions would be appreciated before I write my appeal letter. Thank you! KjC

[mamacatnv]

Appeal - is this the preliminary decision or was this following an appeal?
An appeal gives lots of leeway to the employee and gives you a chance to explain exactly what happened to a real persoon. You will most likely prevail if your story is true and holds up to scrutiny.

[KjC0957]

This was the "preliminary decision". I am in the process of writing an appeal letter although I'm not sure what to include in the letter. Could it be as simple as "I wash to appeal the decision"?

[mamacatnv]

Yes, whatever you write will become record and will be sent to your former employer. Be very aware of the cut off dates - stay within the dates. Missing a deadline can mess you up.
I have sat in on 2 hearings for truly idiot employees the past few months. Here are a couple of things.

Make sure you physically sign the appeal letter - one of my former idiots got dinged for that.

Be clear, concise and list out all the details on why you made the decisions you did. This is important - you need to show that you did what you thought you should.

The trick is, you can be fired and collect unemployment, what you have to prove is that you did not intentionally do something to endanger your job. They also have to prove that your acts were malicious or in violation of policy.
In this case with what you spelled out, the word is intentional.
Were you trained in what to do if you got locked out of the building?
Were you trained and instructed what to do in the event that something occurred and you did not know how to reach your manager?
Were you given the tools to know who to call, when to call them etc....

The state will give the employee a lot of leeway. Making mistakes happens and generally is not something that will cause you to be denied unemployment unless they were willful, intentional and in clear violation of training and instruction you received that they can prove you received.

[Snoop22]

Appeal, and be able to deconstruct each reason for their denial. Be careful not to contact any of the employers involved with this appeal (it could be used against you as a threat to them), also, do not allow Nevada’s dysfunctional unemployment appeal process to upset you to the point of causing you to appear to make any threat to their workers (or you will most likely then lose). The burden of proof falls on the employer not you so use it to your advantage, do not lie or exaggerate on anything that happened (they’re easily caught, my last employer tried and lost). Be prepared on how slow they can be, it took seven months for my appeal. You case (from what you have written) sounds good for a win. GOOD LUCK .

[elkotronics]

It sounds to me like the State of Nevada is really strapped and trying to just get out of paying you unemployment benefits. People have lost their minds. There's no way you should've been fired for what happened. How retarded.

[observer53]

Originally Posted by elkotronics

It sounds to me like the State of Nevada is really strapped and trying to just get out of paying you unemployment benefits. People have lost their minds. There's no way you should've been fired for what happened. How retarded.

It's not as if UI benefits come out of the state's general fund, so being "strapped" has nothing to do with it. The deputy's determination in any state, not just Nevada, often goes against the employee, as most of the information at that stage comes from the employer.

To the OP: Appealing is the appropriate avenue, and, if Nevada is like AZ, will be the ONLY opportunity you have to present additional evidence, witnesses, testimony (there would be a hearing at this stage in AZ, possibly in NV as well), so get all the ducks in a row.

DON'T blow the deadline, and follow ALL the instructions you get from the UI office

[mamacatnv]

The last 2 appeals that I dealt with were scheduled within a few weeks of the dept. received the letter. Now, I the employer was appealing the granting of benefits to idiots who willingly endangered their jobs and perhaps those move faster but it was a done deal in a few weeks. The mediator told us they would have a decision within 30 days and we had a decision within about 5 days both times. These occured in the past 2 months so something in the system is working well

[KjC0957]

Thank you all for your input and thoughts. I mailed and faxed my appeal about a week ago but haven't heard back yet. This has got me a little nervous because I have yet to find another job. If I lose the appeal I'm toast. I've burned through the small saving I had already and come July......I won't have money for rent, food, living, ect....
I'm still dumbfounded .... Wish me luck and thanks again!
Ken

[mamacatnv]

Good luck, don't wait, get out and look for a job, if you win the appeal you should be paid retroactively

Did you keep proof of fax and or mailing?