vendredi 26 janvier 2018

Denial & Appeals: Fired Over Confidentiality Issues After Recording a Conversation With a Supervisor

My question involves labor and employment law for the state of: California.

I worked for a non-profit mental health organization for two years. I loved my job. When the department employees had performance reviews, I received high praises along with a raise in the department. At first my boss and I were on good terms, but quickly noticed she wanted to create divide within our department (us VS them). I did not play into the role she wanted for me.

To the part on how I got fired. I have ADD, and I am embarrassed about it. But luckily for me when we had our meetings she would encourage us to take photos of flowcharts and at times I would record meetings because my note taking sucks! Then one day she accused me of making a mistake and it was clear to me that I did not make the mistake. As usual I took my phone and recorded the conversation in the event I was wrong and to go over how not to make it happen again. Our meeting didn't go well, she kept accusing and I told her that she was incorrect. Then we have a one on one meeting the following week to go over work. These meetings are supervised due to my boss not being able to get along with others. Anyway she began to attempt to throw me under the bus when I said she was mistaken and I could play how our conversation went as I had it recorded. My boss said I want to hear it, and her supervisor told me that it was against the law.

I told him that I had no idea and that I record school lectures all the time. So asked me to play it so I got up went to my desk because I forgot to bring it (ADD):wallbang: and when I returned to the conference room I played the recording at her request. She said that she would file a grievance ( i think she got embarrassed) and her supervisor said I should file a grievance too, but I chose not to because I saw how all other complaints were handled (they weren’t). Soon after I got pretty sick.

I was out for about a week or so. Then about two weeks later I was asked by HR and my supervisor handed me a letter with HR and the VP in the conference stating that I was being fired for violating penal code 632, engaging in criminal conduct and committing a breach of trust and likely to have compromised client information as it was often part of conversation that took place with my supervisor. I was heart broken. I have never been fired from a job let alone a job I loved. So now when I try to find a job I am considered no-rehire, so now I am marred. Can't find a job so I filed a claim for unemployment as was denied benefits (not surprised). I knew I would have to do an appeal but do I have a case? Thank you for reading my long winded explanation.

I didn’t think I would find myself here, but HERE I am. Oh well that’s my story. I would appreciate any advice or suggestions.


Denial & Appeals: Fired Over Confidentiality Issues After Recording a Conversation With a Supervisor

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