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Yes you don't want to present arguments that are extraneous to this issue.
However, if the employer terminated you in retaliation for your request for FMLA, and their claim of insubordination is merely an attempt to cover up the true reason for your termination, then you should present it.
Termination for requesting FMLA would also be a matter for another agency, but it could indeed be useful information for your appeal too.
If you have no concrete evidence that directly attributes your termination to a cause other than the one claimed by the ex-employer,your suspicions and speculation are of no relevance to the appeals official.
Again, this is not a trial. Accordingly, this is not a situation where creating "reasonable doubt" has any merit.
From the perspective of the appeals official, either the charge of insubordination is factually supported by evidence provided by the ex-employer, or it is not. You need to focus on disproving insubordination, not suggesting a possible alternative.
Thanks so much to all of you for your advice. The hearing is at 11am; about an hour and a half from now. I'm getting my thoughts together and getting prepared. Wish me luck!
I took a job that was misleading from the get go. I went to north dakota and nothing but hell. I came back due to misleading info for the job description. I asked them to place me in their shop or keep me local and they fired me for insubordination. Can i get my unemployment back?
I believe you should be able to, particularly if you can show that your actions were not insubordinate. Have you appealed or contacted the workforce commission?
Since it was so new to me and I felt like a deer in the headlights, I was taken aback by having my former employer and the hearing officer on the phone. "They" (the manager who fired me was being led by the HR manager, who was behind the whole thing) said I had signed a document stating that I was "warned," which turned out to be the company policy manual that everyone has to sign. So, the hearing recessed for about a week for them to submit that "evidence." In the meantime, I really got my act together as far as preparing some questions. I asked, "did you verbally warn me about this? was there any prior evidence in my personnel file showing misconduct of any kind? why did you choose termination instead of the three other consequences you could have implemented?" It came down to him saying he was personally offended by a comment I made to a coworker (who then told on me). In the end, the hearing officer determined that "although unwise," my comment did not merit termination, nor did it fall under insubordination, therefore I was awarded unemployment benefits!
This was a big win not just personally, but for all the coworkers I've had over the years that have had similar circumstances (someone wanted them gone, and tried to find a way to justify it) and lost because there is so much corruption.
Thank you again for asking, I'm very pleased to share what I have learned from the experience.
Since it was so new to me and I felt like a deer in the headlights, I was taken aback by having my former employer and the hearing officer on the phone. "They" (the manager who fired me was being led by the HR manager, who was behind the whole thing) said I had signed a document stating that I was "warned," which turned out to be the company policy manual that everyone has to sign. So, the hearing recessed for about a week for them to submit that "evidence." In the meantime, I really got my act together as far as preparing some questions. I asked, "did you verbally warn me about this? was there any prior evidence in my personnel file showing misconduct of any kind? why did you choose termination instead of the three other consequences you could have implemented?" It came down to him saying he was personally offended by a comment I made to a coworker (who then told on me). In the end, the hearing officer determined that "although unwise," my comment did not merit termination, nor did it fall under insubordination, therefore I was awarded unemployment benefits!
This was a big win not just personally, but for all the coworkers I've had over the years that have had similar circumstances (someone wanted them gone, and tried to find a way to justify it) and lost because there is so much corruption.
Thank you again for asking, I'm very pleased to share what I have learned from the experience.
Very good news and congratulations for standing up for yourself. There are definitely rotten apples in every single company.
Glad you are able to collect. Does this start your benefits immediately? Hopefully the paperwork gets transferred and all is smooth.
It was emotionally draining to gather the reserve to actually go through with it, because I had been intimidated for so long and it had become a very hostile environment. But, I am so proud of myself for going through with it and somehow finding the right words to get the hearing officer to see what was really going on.
It took a while for the benefits to get to me, but the cool thing is that is was retroactive from the day I was fired. It doesn't even come close to paying my bills but I have been so very grateful for it none the less. It was actually a pretty smooth process once the decision was reversed in the appeal.
I hope anyone who reads this can benefit in some way.
Since it was so new to me and I felt like a deer in the headlights, I was taken aback by having my former employer and the hearing officer on the phone. "They" (the manager who fired me was being led by the HR manager, who was behind the whole thing) said I had signed a document stating that I was "warned," which turned out to be the company policy manual that everyone has to sign. So, the hearing recessed for about a week for them to submit that "evidence." In the meantime, I really got my act together as far as preparing some questions. I asked, "did you verbally warn me about this? was there any prior evidence in my personnel file showing misconduct of any kind? why did you choose termination instead of the three other consequences you could have implemented?" It came down to him saying he was personally offended by a comment I made to a coworker (who then told on me). In the end, the hearing officer determined that "although unwise," my comment did not merit termination, nor did it fall under insubordination, therefore I was awarded unemployment benefits!
This was a big win not just personally, but for all the coworkers I've had over the years that have had similar circumstances (someone wanted them gone, and tried to find a way to justify it) and lost because there is so much corruption.
Thank you again for asking, I'm very pleased to share what I have learned from the experience.
Kudos to you for rising to the challenge and going back at them logically with facts! It is a very big win -- and a terrific example for people who find themselves in similar circumstances that might be overwhelming them!
It was emotionally draining to gather the reserve to actually go through with it, because I had been intimidated for so long and it had become a very hostile environment. But, I am so proud of myself for going through with it and somehow finding the right words to get the hearing officer to see what was really going on.
It took a while for the benefits to get to me, but the cool thing is that is was retroactive from the day I was fired. It doesn't even come close to paying my bills but I have been so very grateful for it none the less. It was actually a pretty smooth process once the decision was reversed in the appeal.
I hope anyone who reads this can benefit in some way.
Thanks for your inquiry and your encouragement!
You shouldn't stop there. If you have evidence that they were trying to get rid of you because of using FMLA, you might have grounds for retaliation. This is covered though the Department of Labor which enforces the Family Medical Leave Act.
See if you can find an attorney who specializes in employment law. Many of them will give you an hour of free consultation. You might be able to get a little severance pay out of this A-holes whether they want to give it to you or not. You may be able to get back pay and maybe even punitive damages or they might just offer you $10,000 just to shut up. I've seen it happen first hand. But you better hurry. I believe there is a time limit for these claims and it may be only 180 days from the date that you were fired. I'm not sure about the 180 though.
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