UIA redetermination? is it a waste of time

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UIA redetermination? is it a waste of time

Post  dyk301 on Mon Nov 16, 2009 6:06 am

I was still collecting unemployment when I started to work for my new employer. the hours were different from what I was used to. Had a corporate job. When I was offered a position at with this employer, it was less than 70% of my prior employer. The position I had applied for was management but when offered I was a sales rep. I was told I was going to be working on the campaign I had applied for after I had learned the basic on a different campaign.
I was fired for NCNS for a holiday. I only work for this employer for about a month if that. I started working for her late in the week, work the first full week, week two was 3 days after being sent home on a monday after I had already started my shift and was told I had to leave the field because I didn't have a badge to be at a client site. Other reps who didn't have one did not get called. I went into the office the next day to find out what was going on, and was told background check information had an issue. Got that cleared up. SSN was wrong by the way. Was called to go to work on Wednesday. Thrusday evening before shift ended, went to a different campaigned and was called by a leader. work that campaign even though it was an hour ride. The leader and I had discuss the schedule for that Sunday and Monday of the third week, since we both live far, it was a waste of gas to have the both of us there. The leader was going to work Sunday and I would work on Monday however, he wanted to check with the manager to find out if it was okay and would call back. No call back made. contemplating on whether to go in on monday or not, I showed anyway just to find out that the leader was there and said that the manager or my leader was suppose to call and tell me not to go up there to the second campaign. I drove back to the office to work the first campaign and to find out why i was not notified. I was ask to take a couple of days off to re-evaluate the job, my family and school and to consider if this was what I really wanted to do before I got in too deep. Joking with my leader, I told him how I really felt, that I felt I was being fired but with them beating around the bush. My leader said that it wasn't the case, it was for me to find out what I was doing wrong and to improve myself and to see if this was what I really wanted to do. No big deal. I went home as ask to. Called my leader on thrusday and left him a vm 30 minute the shift. No return called. I was already on my way there. Got there 15 minutes before the shift, wasn't sure to go in or not, but did anyway, the manager walk pass me on her cell and went and got my leader. I really wanted to talk to my manager but only got ignored. After talking to my leader, he said he would address it with the manager about me coming back. That Friday, I was told that I might have an issue with comprehending what I was being ask because I spoke another language by my leader. Not true. Saturday comes, I was then told that I should stop going to school since I already had a steady work record and I've held different roles with many duties and to focus on the company that I work for. (I've learned that no job/career is forever- from previous employer). By the last full week that I work, I was informed by another leader on a personal level on a wednesday, that I was being target for termination because I could not meet weekly quotes. this was understandable for me because I've never done sales, learned the basic and was setting leads and had a conversion rate of 100%, just not meeting the quote they were looking for. By that Friday, I walk into the manager office asking her about my letter to the FOTC in regards to benefits because I was flag in FOTC system indicating I was working again. The manager quickly change the subject and stated "my accountant has advise me that I don't have to pay anyone who is not producing even if it is my sister" the manager quickly ditch me with another leader and took a smoke break.
During Friday's meeting, she did a five step pitch at us and stated that she would be out of town, and one of the other leaders would have our paycheck and for us to pick up. the manager also threw out bonus for Saturday, (or so I heard her say) because the manager was going to be out of town on Saturday. She wish us a happy holiday and to get an early start on our weekend. That Friday evening, outside taking a break, I spoke to my leader and was asking him what was wrong, he said that I was going to get fired that day or the next day because I did not meet my quote, so even if I had 10, it wasn't good enough because it was a push week for my leader to get to assistant manager. Didn't get to my paycheck until late and office was closed. contacted the leader who was suppose to have them. The leader didn't have them and I suggested to contact the manager. The leader said yes. Contact the manager, the manager can't bring it to me, already left. The manager then question me why I didn't pickup my check. told her I stayed late at the client site trying to set leads and when I got to the office, it was closed. the manager acknowledge that everyone got their check. Not true because the next day when I did ask my leader who I was with, he didn't get his because he stayed later than I did. the manager wanted to arrange a time for me to pick up my check when the manager got back. I sent a text reply indicating with it being sunday and Monday as a holiday, the bank would not be open so I would get it on Tuesday.
Sunday - no work, Monday is a holiday. When I arrived on Tuesday and had started the day, i was ask to go with the manager for a discussion. the manager then told me that I was fired for not coming in on Monday as a NCNS. the manager claimed that everyone was informed on Friday that we were working. out of 12 staff only 5 people showed. the manager also brought up the fact that I was going to be terminated for not meeting production but that was not the reason on that day for termination. I explained to the manager that I did not hear him say we were working. the manager quickly implicate two leaders who were suppose to call everyone to tell them that Monday - holiday was a work day. I still didn't get a call from either one of them. I explain to her that no one called me so how was I suppose to know we were working that holiday. He brought up the fact that he threw out bonus for Monday which isn't true, they were for Saturday. After being terminated, I ran into some of the sales rep at my level and ask them if we were told to work on Monday at Fridays meeting, they said no, but they did get a text telling them Monday was a work day from their leader. by the way, I was never given an employee handbook to sign and read nor was I informed that there was one.
I called unemployment to let them know I was fired for the reason the manager indicated and what I was told. I received a letter indicating that I failed to report to work on that Monday- Holiday in a timely manner of my absence and that I deliberate disregard my employer interest.

I am the type of employee who comes to work on time and when requested and gives 150% even if i'm not performing well.

So my question, if I do write a letter to ALJ for a redetermination, will it rule in my favor since the manager had the opportunity to tell me I could get my check on Monday and hold it for Tuesday for deposit (at least I could ask what was happening on monday had he said that and would of found out we were working) and the two leader who were implicated to inform the staff that we were working, one was my leader and he didn't say anything who I was with that Friday and Saturday or would it just be a waste of time. I strongly believe I am not at fault for the NCNS. Other who where NCNS did not get fire with the exeption of one sales rep who quit on his own the same day I was terminated. Management claimed they fired him but when I spoke to him, he said he had enough of that company and came unprofessional dress because he was resigning.

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Re: UIA redetermination? is it a waste of time

Post  JoeC (McGruff) on Fri Nov 20, 2009 3:05 am

I cant answer what the U.I office will rule however in a case such as yours-you always reopen the claim. ALWAYS.
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