Jump to content
Sign in to follow this  
WasIfired

Was I Fired

Recommended Posts

During the middle of my shift my boss made a mistake which i corrected.  He did not like the was I fixed the problem and as i was trying to apologize, he interrupted me and told me I can't do anything right and told me to get out in front of many of my loyal customers. Being and employee of him for 7 years and seeing him fire multiple people in that manner, i was shocked and just stood there.  He then screamed at me to leave.  I collected my things and left.  He texted me the next morning and asked if i was coming into work. I told him that he fired me the same way he fires everyone else. He then tells me i'm not fired.  I said the you told me to get out and leave, you fired me. He replied saying, funny thing is, I didn't say you were fired.  I filed for unemployment.  He refused to give me my paycheck in a timely manner (2 weeks later) and it is missing 4 days.  He told other employees he was going to fire me and find a new manager.  They won't give me statements because they are afraid of his intimidation and being fired.   My phone call for the appeal is tomorrow and he is saying I quit.  

 

Any advice would be appreciated,

WasiFired

Share this post


Link to post
Share on other sites

In your post you never allude to the boss actually saying "you're fired".  If he said get out I would be inclined to interpret this as "leave my office now" or" get out of my face."  The fact that you state the boss called to see if you were coming in to work would support the presumption. 

Share this post


Link to post
Share on other sites

There is such a thing as constructive termination.

 

Without witnesses to testify on your behalf all you can do is tell your story and hope you come out more credible than your boss.

 

You might try to locate former employees who were fired that way and see if you can get them to testify at the hearing.

 

If you get turned town this time there is likely another level of appeal.

 

PS: Multiple posts with the same question is annoying and discourages responses. Please keep all your discussion to this thread.

Share this post


Link to post
Share on other sites

It sounds more like you were sent home and not fired, especially since you were called at home and told you were not fired. I wouldn't bank on getting UI as what he told other people doesn't trump what he specifically told you. It may be for the best to seek employment elsewhere but being sent home once for upsetting the boss is not the kind of egregious behavior which forms the basis of a constructive discharge.

Share this post


Link to post
Share on other sites

Very sorry about the double post. I have a member of many forums and do find it annoying as well. I couldn't find a way to delete it. Anyways, I don't bank on getting the unemployment. But I would have shown up for work the next day if i didn't feel I was fired that night. I never missed a day of work or called in sick for 7 years. I just want to make sure that I have a chance to say what I have to say, get all the facts on the table and then they can make the decision from there. I am not bitter and respect the process.

Share this post


Link to post
Share on other sites

Hi WasIfired,

 

I agree with the other posters -- from what you've described, it sounds as if you were sent home, but not fired. You can explain your side of the story at your appeal. You might find this article helpful in preparing for the hearing. Good luck to you!

Share this post


Link to post
Share on other sites

You might have felt that way, and even been justified, but your employer contacted you to let you know otherwise. You chose not to return. The rest of it doesn't really matter and is going to annoy the hearing officer. What you need to explain is why, in spite of being told you still had a job, you chose not to return instead of returning and looking for another job on the side.

Share this post


Link to post
Share on other sites

I suspect he's playing a game.  Hopefully you argued to the unemployment folks that he's doing so because of his practice of firing people for no good reason and likely has his unemployment payroll tax contribution rate hiked when he does it too often.  Hence now his "I didn't actually say you were fired" tactic, though that is precisely how (you say) he always fires folks.  Since one would hope you have some names of former workers fired the same way even if you can't contact them, presumably you'll provide those to the unemployment folks who can check their records.  :)

You're free to point out that coworkers witnessed his comments about firing you, whether or not they are willing to write out statements.

If the unemployment folks deny your claim, then you use whatever further appeal process there is (I presume the commission as a matter of policy denied the claim simply based on employer's response; that's pretty typical these days, like insurance companies).

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...