by Anonymous
(California)
My husband was fired for misconduct. He left an employer after 16 years to take on the opportunity of a start-up warehouse operation in CA. He was fired for misconduct in under 60 days. Now his unemployment benefits have been denied. Here is my account of what happened:
Monday – somebody from headquarters flew down unannounced and said they were there to help prepare for shipments coming in the following week.
Tuesday – two more employees show up from headquarters and fire my husband.
They presented pictures of him looking at the security camera and asked him why he was looking at it. He couldn’t answer.
They presented pictures of 2 employees, that were not certified yet ‘to work’ on the lifts and asked him why. His defense, to train them so that when they can go for certification, they can hit the ground running. The floor supervisor came to my husband and asked him what he thought of training the only two employees they had on the lift during their ‘down time’. He thought it was a good idea and thought it made sense to use this down time in a productive manner. He was tasked with getting this warehouse up & running, and the employer cut back his employees. He was supposed to have up to 30 employees by this time. He had one supervisor and 2 employees & work was slow, so he understood. It was suppose to pick up and they would be extremely busy in the weeks to come. He never signed any thing, nor was he advised that training employees on the forklift was a bad idea or violated any rules. They were not doing work. They were lifting empty pallets. By the way… the supervisor was the only one not fired.
He was presented with a picture of him coming out of his office with his hand behind his back & asked why. He didn’t know why??? Later he told me that he may have been repositioning his undergarments, if you know what I mean, but who knows???
He was then told that they sent down the employee on Monday to go through his things to see if she could find anything. She found souvenir type liquor in his drawer, she took pictures of that, and that was the last thing he was presented with. This stuff had been with him at his last employer, and he didn’t even think of it as a problem when he unpacked his boxes from the last employer when moving in to his office. This was his fault. There were souvenir type beer cans (unopened) from 2001 superbowl, a shot bottle of tequilla from Mexico, and a minature can of beer. This was all unopened, dusty, and obviously souvenirs. Telling him to take them home would have sufficed – but they obviously had more in mind to fly down 3 people unannounced.
Instead – he was handed a check, told to pack up his things, and leave. This check was made out the day before in another state, so it is obvious that this was planned.
My husband is dumbfounded, does not like talking about it, and now is stuck with reliving everything over & over again with the unemployment situation. It has taken a toll on his emotional state!
My husband clearly thinks that the operation can run without him, because he did all the ground work, and their economic situation turned them to desperate measures.
I wonder if this was planned all along. Since this has happened, I’ve heard of employers hiring someone to start up an operation in a new state, and once up and running, fire the operations manager as they can now run the op without that expense.
In interviewing a supervisor for the position, his boss made a comment to him that she wanted somebody “strong” so that they can run the place when he is not there – could this have been a “Fraudian Slip,” a foreshadow of what was to come?
Please help – do we have any recourse?
Also, can he obtain what was submitted about him to the unemployment office? Unemployment told him that they submitted a 28 page document about him (we suspect mostly pictures).
Hi Anonymous,
What did the employer say they fired your husband for? Was it a safety violation? If it was, the pictures aren’t making a lot of sense to me. Nor does all the searching of drawers and questions about why he was looking at a security camera and why was his hand behind his back???
What exactly does the determination state is the reason for denial of unemployment benefits?
What state do you live in?
It’s very hard to say anything without knowing what those 28 pages of documents are and what the employer has said.
If you’d care to fill us in on the missing details, it would help. To disprove misconduct, which is what your husband will now have to do since he was denied unemployment, you need to know what the employer has said. The determination should tell you in a nutshell what this is.
Chris
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