My question involves labor and employment law for the state of: CONNECTICUT.
I could use some advice on what to present at my Appeal, I was surprised I was denied, but maybe I am ignorant of actual law. Was denied for:Sec. 31-236-26b. Knowing Violation. They also cited case: "Dones v. St. Joseph's Manor" which I am unable to find anywhere on the internet. if you have a way to look that up that would be useful.
All they said in the hearing was the day before I was fired, my boss saw me on my cellphone, and that I did not get off it when he entered. Which is rediculous and a lie. They have a "no cell phone policy" which they made me sign 8 months after I started. Was not confronted at the time, so i have no memory of if it even happened and they have no paper of camera trail. I had to wait 3 days to find out it was for my cell phone.
My perspective was Randomly one day they came in and fired me without saying why. I didn't find out it was about my phone until a letter arrived. I knew i was on thin ice there because they has posted my job online 4 months earlier and they had written me up for "failure to properly train staff" and a bunch of other minor NON phone related things. The truth is they were a shit company, I had been there 11 months through 2 bosses and they just didn't like me, either because I made my opinion known when they were doing unethical stuff, such as firing my pregnant employee. I also have an email from the CEO, after i made my boss aware about how much time a new process was taking, that they should go through the resumes they received for my job and pick one. Even though the guy who fired me promised me it wasn't my job that was posted. Im not sure if i should present this since it wasn't sent to me, but it shows the CEO ranting and saying things like "bitching about processes"
The specific legal law they cited was Sec. 31-236-26b D B. Knowing violation in CT. I plan on going through it line by line to prove that it doesn't pass the criteria and thus i should be paid.
Specifically there is a line on the CTDOL: http://ift.tt/2vknF5T about reasonable application: that if you are fired for violating the dress code once you would get UI. Since thats not reasonable. So in my case a one time phone violation that wasn't documented in any way shouldn't disqualify, but i was.
Also plan to say, never notified even of the incident, if such a "SEVERE violation of policy" why wasn't i fired on the spot, why wasn't i told why when i was fired the day after. Condonation, especially since i often listend to music in my office, but was rarely dicking around on my phone ignoring my boss.
then to address the non uniformity of the rules application bring in witnesses that will say while it is a rule, no one follows it and it is only enforced when they don't want to pay UI.
IDK what do you think I should do or say or do I not have a chance? My coworker who got fired for essentially saying no to doing her job got unemployment so i am confused. What level does misconduct fall under. Seems like if you break dress code or have absences you get multiple chances, but i assume if you murdered someone or are caught red handed that doesn't need a warning. so where does firing an 11month employee for hearsay that he had a phone on him one time?
This company was just a manufacturing company regulated by the FDA, so any secrets i could steal, such as recipes are on the ingredient list of all products. also if i wanted to steal i would probably usb not photograph like so does that make it an unreasonable rule?
I could use some advice on what to present at my Appeal, I was surprised I was denied, but maybe I am ignorant of actual law. Was denied for:Sec. 31-236-26b. Knowing Violation. They also cited case: "Dones v. St. Joseph's Manor" which I am unable to find anywhere on the internet. if you have a way to look that up that would be useful.
All they said in the hearing was the day before I was fired, my boss saw me on my cellphone, and that I did not get off it when he entered. Which is rediculous and a lie. They have a "no cell phone policy" which they made me sign 8 months after I started. Was not confronted at the time, so i have no memory of if it even happened and they have no paper of camera trail. I had to wait 3 days to find out it was for my cell phone.
My perspective was Randomly one day they came in and fired me without saying why. I didn't find out it was about my phone until a letter arrived. I knew i was on thin ice there because they has posted my job online 4 months earlier and they had written me up for "failure to properly train staff" and a bunch of other minor NON phone related things. The truth is they were a shit company, I had been there 11 months through 2 bosses and they just didn't like me, either because I made my opinion known when they were doing unethical stuff, such as firing my pregnant employee. I also have an email from the CEO, after i made my boss aware about how much time a new process was taking, that they should go through the resumes they received for my job and pick one. Even though the guy who fired me promised me it wasn't my job that was posted. Im not sure if i should present this since it wasn't sent to me, but it shows the CEO ranting and saying things like "bitching about processes"
The specific legal law they cited was Sec. 31-236-26b D B. Knowing violation in CT. I plan on going through it line by line to prove that it doesn't pass the criteria and thus i should be paid.
Specifically there is a line on the CTDOL: http://ift.tt/2vknF5T about reasonable application: that if you are fired for violating the dress code once you would get UI. Since thats not reasonable. So in my case a one time phone violation that wasn't documented in any way shouldn't disqualify, but i was.
Also plan to say, never notified even of the incident, if such a "SEVERE violation of policy" why wasn't i fired on the spot, why wasn't i told why when i was fired the day after. Condonation, especially since i often listend to music in my office, but was rarely dicking around on my phone ignoring my boss.
then to address the non uniformity of the rules application bring in witnesses that will say while it is a rule, no one follows it and it is only enforced when they don't want to pay UI.
IDK what do you think I should do or say or do I not have a chance? My coworker who got fired for essentially saying no to doing her job got unemployment so i am confused. What level does misconduct fall under. Seems like if you break dress code or have absences you get multiple chances, but i assume if you murdered someone or are caught red handed that doesn't need a warning. so where does firing an 11month employee for hearsay that he had a phone on him one time?
This company was just a manufacturing company regulated by the FDA, so any secrets i could steal, such as recipes are on the ingredient list of all products. also if i wanted to steal i would probably usb not photograph like so does that make it an unreasonable rule?
Denial & Appeals: Fired for Being "Caught" on My Cell Phone One Time. Denied UI for "Willful Miscond
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