I was recently terminated for dishonesty and insubordination. When I asked at the time of termination in what way my HR-Director advised that it was determined that I was dishonest in filing a DFEH complaint which had no merit and is considered insubordination. I filed for unemployment and was denied due to me refusing to follow "reasonable instructions". I appealed this decision. I requested my case file and found that the reason for denial was "I was discharged from my position 112410 when I removed documents containing proprietary information and refused to return them when asked to do so by HR. the available information does show willful misconduct in that the clmt disobeyed reasonable instructions from HR therefore the DEPT finds the clmt ineligible to receive payment of UIB." On the employers comments they stated the same (On 11/19/10 I was aksed to return documents I had taken from my work location) but also that I filed a formal complaint of sexual harrassment/discrimination and that the employer was causing my computer to crash in order to hinder my efforts in filing a complaint. Also an independent investigator advised that I wanted to leave the company and admitted to taking proprietary documents. Also the employer stated that they investigated my allegations and found that my complaint had no merit. I was insubordinate in not following the company process to request help. Also that my sup. reached out to me and I told my supervisor that I filed the complaint because I was not promoted and this too had no merit. Also insubordiantion in failing to follow sup. instructions to put phone into work mode when needing to do additional work. It states that the sup stated that this has happened at least one other time but cannot be sure nor was there documentation. It also states that I was coached and talked to several times about interaction with other employees but not for discharge reason. Lastly it states that I was not terminated for complaining but was terminated because I was dishonest and insubordinate when asked to return the documents I had taken.
Please tell me that my employer has to prove these allegations along with me proving that they are incorrect. What should I focus on? All the complaints or just the main reason for termination? I'm nervous because the whole answer was a complete lie and Im afraid the lie will win.
What I have is the conversation on 11/19/10 (recorded) transcribed to the exact questions and answers given. In this conversation I was advised about taking propietary information and I stated that I had not taken such information only my emails/chats so that I could prove the discrimination. I asked if the emails was considered proprietary and not ok for me to take and was advised that proprietary is as long as the emails do not have company product, pricing and merketing information. She never asked me or told me to return these emails but rather asked if I would be willing to share them with her. I stated no because I know like in the past they will find some way to discredit it. I also have an email to the investigator advising exactly why I filed the complaint; sexual harrassment and discrimination. I also have a copy of both my discrimination complaint and my retaliation complaint as I never needed the computer system to file. I also have the company handbook where it states that if you have any issue to bring it to the attention of hr and your sup. I have emails addressed to both parties where I address concerns and they where out right ignored or closed with no research or action taken. I also have my yearly review and copy of personell file which shows nothing negative or deragotory in my actions or behavior. I dont know what else to gather. I know they fired me because I filed a complaint with DFEH and they told me so but then told Unemployment something totally different. So what I have do you think is enough to fight and again please tell me that they will have to prove the lies they told to be true because if not I have not a chance in the world to win. Also my case with DFEH is still ongoing and has no conclusion to date to determine whether it is meritable or not.
Sorry so long.....
Any feedback will be GREATLY appreciated!!!
Oh yes and the Unemployment worker lied as well stating that I was rude and upset from the start of the conversation. I have tried to contact her sup but only received a call from her co-worker. So now I have mailed the complaint form and have requested that the call be pulled because what she stated is very untrue and Im sure will make me look bad in the eyes of the ALJ.
Ok I'm finished this post anyway. LOL