Unemployment for misconduct (Tennessee)

[andreamlynn30]

Ugh. Well, since I'm more than likely going to be denied, I wrote this out for the review board because I may take it to them. Not sure yet, but maybe it'll be worth it. Some of this I will delete simply because it sounds like I'm attacking the company.
Q,s & A's

Do you have of the document of the attendance policy that I signed upon my hiring date from store #..... ?

No.

Whose signatures are on the document for my first write up, the one for violating policy for texting?


Then you were in the same room when the write up occurred, (as a witness) along with my supervisor, correct?

At the appeal hearing you stated how you didn't recall why I had texted, so you don't remember the explanation that I gave?

You don't remember me reminding my supervisor, and telling you at the same time, about how she had told me that texting was her preferred method of communication?


CLOSING STATEMENT:

I thought I was prepared for my appeal hearing, but I was all wrong.* When it came to answering the referee about incidents, my mind went blank.* When it came time for cross examination, I froze and wasn't able to ask questions.* I was scattered.* I also feel like I left out vital testimony on my part as well.

I want to start out by saying how Mr. ******** knew the exact reason for my absence.* I had explained to him and my supervisor at the same time about my situation when I was presented with a write up.* I had told him that this was my supervisors way of communication.* I believe that he committed purgery.

If there's a signed policy for absenteeism, by me,* upon my hire date, stating that texting isn't allowed, then I'd like to see it.* Unfortunately I don't have a copy of that document because after awhile I believe it was sent to the trash pile to be shredded and I no longer have it.

Before I transferred from store #.... to store #...., it was made clear to me from the store manager and my previous supervisor that we were under a point system.* I had asked them about an incident with a former coworker of mine, and they both told me this.* The attendance policy wasn't being talked about how I violated it therefore disciplinary action wasn't being conducted against me.* At this time, my supervisor had stated that if I need to get a hold of him for any reason then to text him.* My store manager was in the same room listening.* One would think that the manager of the store would pipe up and say how texting is a violation of policy.

I've never been written up for texting my superiors at store #41 for a call out.** If texting was against policy, then it was never enforced. When rules aren't enforced it causes confusion.

I was under the impression that the attendance policy was the same when I transferred.* I didn't know that texting would lead to disciplinary action since texting was okay at my previous location.


I feel that I shouldn't be denied unemployment because of inconsistencies with the policy.* When your superiors tell you to do one thing, and then turn around and write you up for it well it's mind boggling.

For my first infraction, my supervisor told me about how policy was no longer a point system.* I told her how I thought we were since it was supposed policy at store #41.* I said this right in front of *******.* He heard everything that was transpiring during the time of my write up.* At that time, policy was irrelevant to me, since I've never violated it anyway.* I wasn't trying to get out of being disciplined because of this.* I was merely trying to get my point across*about my supervisors call out preference if you will.* Anyway, I accepted it as so.

I believe that I shouldn't have even been written up for texting my superior when she had told me that this is how she'd like to communicate for anything including absences.

Ive never been written up for anything before my mother's accident happened.* I'm outraged by the lies that are being told because my supervisors, store managers, and Human Resources were all aware about my mother's accident.* I was awake for thirty hours that evening when I had texted my supervisor.* I worked a 12 hour shift the previous evening.** I got off of work around 11am and went home to take care of my 11 and 10 year old (who were awake).* Then I had to drive an hour away to the town which my mom resides (to the rehabilitation center) to help care for her.* After visiting with my mother, at (1045pm that evening) on my drive home, I was falling asleep at the wheel.* I had missed my exit for where I live because this was right around where I fell asleep and when I came to I had no idea where I was.* My two children were in the car with me while this occurred mind you.* I texted my supervisor after my shift at 1200am when I was supposed to be there at 1130pm to let her know exactly why I wasn't going to be to work.* I just want to stress again how she told me this is how she wanted to communicate.

I also don't think that I should've been written up for texting because there was turmoil within my family.*
My circumstances should've been fully evaluated, they were obviously extenuating therefore my absence should've been excused.


I understand why there's a policy, but like I had previously stated, I have never been written up for anything.* I worked hard for the ***** company.

For my last infraction, I went to my employer immediately after I realized how I got my scheduled mixed up.* I told her why I didn't go in the previous night (for my scheduled shift).

All this time I was being told by supervisors and all members of management at store #..... that if something like this ever happens, then go to them immediately even if it was after a missed scheduled shift.* They said how they'd be lenient and work something out with me.* I'm not exactly sure what was meant by this and to this day I still don't.* I definitely didn't think that this would cause termination since I tried to make it right after being told exactly what to do in this specific scenario.

It's saddening how management wasn't sympathetic during my time of crisis. Even more so, It's appalling to me how Kroger treats their employees especially during tragic times.* In my eyes, ****** doesn't care if you have a family.


I was always there for the company.* Since we were short staffed, I would come in on my days off to help out because I know that being understaffed leads to a 14 hour day at work.* My coworkers also have lives, and I wanted to be there to help get everyone through. I rarely left when my work was incomplete also did I ever leave when a coworkers tasks were unfinished especially since it was mandatory to stay until the whole job is done.* So, I'd work 12-14 hour days which lead me with in between 50-60 hours for that one week alone under my belt.* I was getting little to zero sleep because I was always working.* I barely had a life.* I'm stunned by how Kroger wasn't there for me after all that I did for them.**

There weren't any advancement opportunities within the company for me because management was extremely bias and selective when it came time for promotions.* As I see it,*I wasn't a valued contributor for this company, but instead, I was a replaceable commodity.

I've been applying for jobs that are more suitable for me.* One's that have decent hourly pay wages.* In fact, their wages are above average.* Unfortunately most of these positions require overtime.* I cannot go back to working for a company that's just as demanding as Kroger is.* My schedule was always inconsistent and only in some rarities did I get off at the end of my scheduled shift.* I can't handle not having a life outside of work.* I have children and I'd love to be able to have the time to* see them.* I'll have to make due with a lower paying job, which will effect finances dramatically, but being able to have a stable relationship with my kids is also important as well.

Thank you

[Chyvan]

This is TOO LONG. You get three paragraphs at most, and you can't write this until you have the decision in your hand.

I read a bit of this. You are TESTIFYING. You can't do that. You do that at the hearing. You had your chance.

This write up to the board is to say why the judge that writes your decision is WRONG. You are attacking the judge at the next phase. You don't get to talk about your employer anymore. You can't say, "he knew." You don't have a photocopy from inside his head. If you want to prove that he knew something, you prove that you TOLD HIM, and that's pretty hard. However, a text you sent would work, a phone log showing a call to him might make someone believe that you told him something on the phone, an email, a fax, or a copy of a letter you sent him, but the time to produce evidence of proof was AT THE HEARING.

Do NOT waste time write anything. Your next step is to get the decision, then type it in, I will read it, and help you if there is something obvious to work with.

[janja1]

That might feel good to get it all out of your system, but your appeal is going to have to focus on why the decision made was incorrect (according to the law / facts).

This appeal is not the place to add new testimony. (The assumption is that you already had the chance to testify / cross-examine.)

This appeal should focus on weaknesses in the ALJ's decision / hearing process.

[andreamlynn30]

Thanks.

[andreamlynn30]

OMG! I get it now. I don't know why I held anything back.