February 12, 2012

Appealing the decision - how to handle the next hearing

The decision unemployment mailed me was confusing at first but now it makes sense.  The reasons put in the file  and than what they determined is what is confusing to me.  Originally Dick gave a reason that he told me to stop emailing the server but that couldn't stick because of laws stating that the reasons I sent the emails originally were valid.  Next was the use of abusive language, the first determination said admitting to using profanity in an email to my employer to express my dissatisfaction with him.  So a request for a hearing went out and now the new determination is that I admitted to sending an email to a coworker using profanity and that I used that same profanity in an email to the employer admitting my dissatisfaction with my employer. 

Upon viewing the file there were all these new reasons that had nothing to do with the original reason and was not mentioned to me over the phone by the Labor Department Representative on 01/04/12.  A few of the new ones in the file at the hearing board were, being disruptive, odd behaviour, and a brand spanking new page six of the employee handbook.  There wee two notes commenting that I was being disruptive on one occasion and another accusing me of saying and doing things that made no sense to the other employees.  I do remember that day, and did all could be done to keep to myself, staying quiet, working hard and not distracting anybody.

During the unemployment hearing the ALJ and Dick kept bringing up those notes, as if to prove that this was an ongoing behaviour, when it was not, nobody talked to me, expect to walk by me and make comments or give me dirty looks for no reason.  After reading quite a bit it came to me that what they kept addressing had nothing to do with the original reason, a reason that did not exist.  They cannot bring in new evidence that has nothing to do with the old evidence, my original denial was saying that I was sending emails to coworkers using profanity, yet there are no emails or coworkers to bring into evidence.  A few things about that hearing give me an idea about what was going on but is going to kept to myself until after I talk with a attorney on Tuesday morning.

My argument is basically that the word "Fuck" wasn't use abusively because it wasn't, there is a difference between abusive language and offensive language.  I did not create anger, annoyance or harm to anybody by what was said and section 1100 does state that it cannot be considered misconduct when used the first time.  The fact that over and over again Dick allowed managers to give me wrongful production reports and than belittled me for it was more abusive than anything.  Dick did not swear at me but he did threaten to fire me just for complaining about production reports that were given to me wrong.  Those production reports should have been correctly given to me the first time around.  As for trying to say that using the "F" word as being dissatisfied with my employer is quite far fetched, a better term would be having the Fuck-it feeling and wanting to call in is getting strong because my employer was making me feel unwelcome.

After being employed at FT for almost eight months, suddenly the day my production reports were given to me was also the same day that my attitude became bad.  On some of those days the errors in those production reports were lower than any other day.  November 17th is one example, it says my production was approximately 40% when it should have been about 63%, according to the calculations, what I found out later was that my lunches should have been subtracted so that meant the entire time my production was way beyond 90% towards the end.   This particular day is when the magic note about my odd behaviour appeared in the file at the Labor Department for my unemployment hearing file.

On the day of my discharge, when I asked Dick what my production for the previous week, he told me not to worry about it.  This could possibly be because Dick knew when I saw my production was what it should have been according to the labor laws all along he would look like the fool he tried making me out to be.
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