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Lol I didn't know it sounds bad, no one that I know has told me that. So I'll stop rehearsing my story in my head and wait until I get more information before I prepare anything to say. And when the hearing comes I will try to just answer the questions asked without giving additional information.
So here's another update. On Monday I received a hearings package in the mail. It had everything my employer has said, and very little of what I said. My employer has lied about everything even what happened during the "come closer" scene, and she submitted two different separation notices. In the original separation notice, which is the one she gave me, there's no final incident, only "insubordination" and a list of infractions dated back to 2015. On the second separation notice there's the "come closer" scene with some embellishments, as well as the made up story of someone nearly falling under my watch. So I called my old co-worker who was present when I was discharged. She no longer works there and is willing to testify. I also contacted the supervisor of the center ( she also is no longer working there) and she can testify that no one fell or almost fell that day. She also heard everything that took place in the office during my termination. And she witnessed my employer coming out on the floor and announcing, " I just hired enough people to get rid of all y'all." I have prepared a few brief statements and some questions for my former employer and co-workers. Any thoughts would be greatly appreciated. Thanks!
Last edited by april_flower; 05-06-2017 at 09:28 AM..
Or maybe I should just go it alone, wait to see what issues come up at the hearing, and deny everything, my word against hers. I'll be glad when that day comes and goes so this can all be done and over with!
Having witnesses are the best, BUT you can't control them. If they say one wrong thing, you're sunk. Flip a coin or coach your witnesses. It's about the same either way.
Had my hearing today didn't know that it would go on for so long. Feels like I was just railroaded. My employer had a lawyer but even without the lawyer it seemed to be an employer sided process. The hearing administrator allowed her to testify about write ups dated back to 2015 and I had to answer to every one of them while the claims administrator cross examined me. I think I got some good points in, but it's hard to tell at this point... It was hell. By the time she got to the issue at hand she had to adjourn the hearing and set the rest up for another day. I'll try to stay positive that part 2 will go better for me, but at this point I don't know how it will go. At least I got a chance to brief my witness on what testimony I will need from her. I feel so numb, I was hoping for a smooth hearing and a deposit soon to follow but it's not coming and I'm so far behind on my rent, the bills are piling up, I'm hungry and I have a small daughter that needs things. Not to mention my toe hurts. In the meantime no jobs are calling. Let me stop before I start crying I'll keep y'all posted on what happens at the next hearing.
The hearing administrator allowed her to testify about write ups dated back to 2015
Were the warnings submitted in writing? If not, the administrator did what you let her to do. You were supposed to object to hearsay. Even then, you could have said, "irrelevant. You were not fired in 2015, and these events have no bearing."
If your income is zero, go apply for SNAP and other low income programs.
Wish I had known to say that. Maybe I can tie that in to a closing argument, but it probably won't help now that I have admitted to seven write ups. But I did say that although I did get written up as part of a learning process, if I was written up for something I did my best not to make that same mistake again. And as far as medication errors although it was part of my job description, I am not a licensed nurse. And I have never been warned or written up for insubordination or for letting someone fall or get hurt. I did my best to argue my case... I'm going to focus on finding financial help now that I see it's going to be harder than I thought to win my appeal. Snap's a good idea, it won't pay much but at least I'll have some income coming in.
Make sure you have your two witnesses there to testify. If they don't testify then the referee will just have to evaluate the testimony of the employer and you. If you have to disinterested witnesses who contradict the employer and support you that is strongly in your favor.
The employer has the burden of proof to show misconduct. If you can demonstrate that the claims the employer is making are false it should help you win the case.
At the onset of my last hearing the judge asked my former employer why she fired me. She said that it was because of an accumulation of behavior. She said that I was always asking to swap shifts so she set up a special meeting for me to discuss policy and procedures and to show me my new schedule. She said she couldn't understand " for the life of her" why I wouldn't look at the computer screen to see the schedule she had designed for me. She gave her version of events. She said that earlier that day she had watched me for ten minutes combing my hair while my client slid down in her wheelchair before I picked her up.
The judge asked me questions about what happened. She asked if I let my client get hurt. I said "no." She told me to tell her what happened at the meeting. She asked if I asked my coworker to change shifts, I said that no, my coworker asked me to change shifts because I had so many, which was true. She asked if I went closer to look I said yes. She asked if I looked at the computer and I said there was no computer, only a printed out copy of the schedule.
My former employer read off write ups. I admitted to them, and admitted that I had received a copy of the policy and procedures. The judge became heated with some of the things I admitted to (once I left work at a house to take a coworker home. People always leave the houses, I didn't know it was wrong.) At the end I made the little speech I told you all about in my last post.
The judge said there wasn't time to call my witnesses. My former employer and her lawyer refused the times offered to schedule the next hearing, so the judge said she would send us a letter out with the new date and time. The judge asked me what reason my employer gave me for firing me. I told her I wasn't given a reason.
I have called my former supervisor to testify on my behalf. She wants to tell them that my former employer told the secretary to write a separation notice for insubordination. Do I need to let her say that? I really want her to tell them how I worked with my wheelchair client that day. But I no longer pretend to know what is relevant to this case. I also have my coworker who was present for the come closer scene. They both are happy to testify on my behalf against my former employer. What do you think. Do I still have a chance, even after admitting to seven write ups? What should my strategy be with my witnesses? And lastly, should I give a closing speech? Thank you
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