NY State Unemployment Refused Insubordination Please Advise (receive, work, hearing)

[danyel77]

Hello Everyone, I am new to this forum. I am from NY State. I am very very nervous. I got fired at the end of December because my boss was a bully and treated me badly regularly. I can get into details if anyone cares to hear them. I worked at a store as a cashier. Anyway I called in sick on Dec 27 8 hours before my shift began.My boss told me it was ok on the phone. Then the next day I went into work and he gave me a horrible attitude all day. At 2pm I was asked to sign a write up form for calling in the day before. I told him I had to think about it and I went to take my break as he had told me I was allowed to do. I came back within 5 minutes and he asked me "Did I hear you right, did you refuse to sign my form?"I said I need you to explain the form, as I felt like I was being bullied, I followed procedure calling in the day before, why was i getting written up. He said If you do not sign it you will get fired. I said it seems like you have many writre ups on me thus far like you are trying to fire me. (I was written up a few times just in that month for being in bathroom to long, being one min late, talking to long to a customer) I then signed the form. I brought the form to him, he told me pack up and go you are fired. I said why I signed the form. He said because I refused to sign it three times!Which was bull!So i said please do not fire me. He siad the next day he would call me and let me know for sure. Sunday morning he texted me at 6am and said I was fired. UNemployment refused me because they said I offered my employer to fire me and that is insubordination. So i requested a hearing. I went to hearing one week ago. The job brought one witness and vice president and manager. The witness told his story and he immediatly messed his story up and was asked to leave the room. His stories did not match up with the other two. So it came time for me to talk. I was very very nervous and I did get some of my facts messed up. I told the judge, I am very nervous here, and I do not remember exact things said that day because it was so long ago. He got mad and said thats great that I have a issue remembering things. I should have been more prepared. The judge asked me if the boss told me if I do not sign will i get fired?I told him yes. He wrote that on his note pad. I do not understand why that even matters. I told him I did not refuse to sign the write up or I did not invite manager Mike to fire me. I value my job and I am teeling the truth. I worked there two years. I am hoping someone here can shed some light, do you feel I will get refused for insubordination? I cannot sleep I am so worried. I check the mail each day but I have not received decision yet.Please can someone give me advice?

[Ariadne22]

If your hearing was a week ago, you should get a decision this week sometime, or early part of next week.

IF the judge heard you say you did not refuse to sign the form, and understood that to mean you wanted a more complete explanation of the form before signing, then you should be all right.

IF the judge tuned you out, you lose and will have to appeal again.

Frankly, judge's attitude doesn't sound very promising. These ALJs often have selective hearing and issue rulings completely contrary to the facts in evidence.

[Little Jon]

Section 462.1. Rendition, content and revision.
(a) The administrative law judge shall render his decision in writing within five days after the
hearing is concluded. The decision shall contain a statement of the issues, the findings of fact,
the conclusions and the reasons therefore.