For a bit of context concerning my uphill battle with my former employer for unemployment, here is the link to part 1 of my antiwork post. Bit of a long post, so congrats for making it this far.
Quick recap of the players:
1) Former manager (dubbed “FM”)
2) Former supervisor (dubbed “FS”)
After submitting my request to appeal unemployment’s decision (in my state, regular unemployment is paid out by the employer), I reach out to several friends who have experience with unemployment including a fellow terminated co-worker. In the denial letter, FM’s states I was adequately trained to perform this job and was repeatedly reprimanded for my poor performance. There were no written warnings, documented verbal warnings or suspensions, and I did not sign anything. As I didn’t keep any work e-mails, I’m at a disadvantage to obtain hard evidence. I only kept a personal log of dates and events on my phone. I recruit a few trusted individuals to do some recon and I learn two valuable things:
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FM has hired two employees in my place.
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The big case that was closed – and the reason I was terminated – had been reopened due to further issues. (It seems the attorney blew the whistle on FM and with no one left to take the hit, upper management is blaming FM.)
On the day of the appeals hearing, the appeals officer begins with FM and I being sworn in. First up is FM’s testimony and the appeals officer asks FM my job title prior to separation. Right off the bat, FM lies by saying that I was the supervisor! The appeals officer asks what my day to day tasks were, and FM lists off maybe three or four,… I’m sure they just “conveniently” forgot to mention the other myriad of duties I absorbed from FS. Appeals officer asks what kind of help did FM offer. FM goes on to say they didn’t offer help prioritizing my workload was because they have a “hands-off” approach. The appeals officer asks for documentation to prove my misconduct was addressed. FM replies no, it was all verbally. Now we get into the nitty-gritty of what led to my termination, the big case. As anticipated, FM is digging their own grave by making dismissive comments: “it isn’t that hard to figure out A, B & C”, “I can’t be holding her hand the whole time”, and of course: “I’m busy too”. The appeals officer asks for other examples of my insubordination and FM brings up an incident when my PTO was denied and I refused to come in*. The appeals officer immediately dismisses FM’s claim after hearing why.
*Long story short: Our company policy dictated bereavement was only for immediate family, so I requested a week off to attend my grandmother’s funeral and help sort out her estate. FM denies my request because we were swamped with deadlines. I firmly tell FM I wouldn’t be in for the first two days of my requested PTO, but would come in for the remainder of the week. Of course, no write-up and no incident report on file.
For my testimony, I state for the record my job title was always admin assistant. There was no promotion, no pay raise, just more responsibilities. The appeals officer asks why was not keeping up with my workload. I tell the appeals officer that FM would not hire another employee because the workload was enough for one person. Right away, FM interjects: “That’s a total lie!” Moving on, I tell them I went to FM for help many times. Ultimately, nothing was taken off my plate because “everything is a priority”. FM interjects a second time: “She’s lying again!” The appeals officer threatens to remove FM if they speak out of turn a third time. Then I hit the appeals officer with the recon info. FM asks angrily: ”Who told you this?! How did you find out?!” The appeals officer ejects FM from the hearing. My anxiety levels drop, but the appeals officer gives no inch. I’m feeling demoralized after hearing the appeals officer repeat: “So the job DIDN’T get done?” In the end it boils down to the fact the job wasn’t thoroughly completed, including the big case. The appeals officer says to expect a response within 5 business days.
Before you know it, a month has passed and I am losing confidence. My fellow terminated co-worker discloses the unabridged narrative of their termination, their experience with unemployment, and offers me a bit of hope. They tell me if the appeals officer was so convinced I endangered the welfare of the company, unemployment would have sent that denial letter within a week. Since I proved FM lied about my job title, the appeals officer would be forced to look into the rest of their testimony. Finally, a letter from Department of Labor arrives and it reads in big letters:
“RULING: The Unemployment Insurance Decision is REVERSED.”
Our efforts have paid off, and mom is overjoyed. After a few days, I sit my husband down and tell him about my unemployment benefits being approved. He asks how the denial was reversed, and I show him all the letters. I point out the excerpt where unemployment agrees with what I was saying all along – the amount of work was more than a reasonable person could handle. At first he is receptive, asking about the appeals hearing and happy that FM was removed for their outbursts. Then comes the million dollar question: why did I keep all of this a secret? I tell him that I was worried he would try to dissuade me and I would be walking away from the chance of reaping my benefits. Understandably, he is hurt I didn’t share this with him, but given his opposition from the get-go his general reaction is more or less indifferent to the outcome. I own up to my poor judgement and promise not to withhold any more news, good or bad.
And now, I have the displeasure of dropping another bomb on him.
Now that I've reversed unemployment’s denial, I tell my husband I would like to look into meeting with an employment attorney to go after my unpaid PTO and hope he will be supportive. He is furious with me. ”On top of all our bills, now we have to worry about legal fees?!” The look on his face is betrayal. “First unemployment benefits, now unpaid PTO. When is this going to end?! When will it be enough?!” He storms out of the room and did not speak to me for three days. Finally he tells me he does not agree my choice, but he will stand by whatever decision I make.
Now that the unemployment decision has been overturned, each party now has 30 days to reopen the appeals decision by presenting additional (read: relevant) information. Several weeks after, another letter from Department of Labor arrives. My heart is racing, seeing my former employer’s name under the “Reopening Applicant” title. I open the letter to see in bold print:
“The Reopening Request is hereby: DENIED.”
Apparently unemployment stated the information FM submitted for review was not substantial enough to warrant a reopening of the case. I show the letter to my husband, and now that he is seeing my former job grasping at straws and sending unemployment on a witch hunt, he is on board with meeting the employment attorney with me. Please note we haven’t met with the employment attorney as of the date this has been posted, but let me know if anyone is interested in part 3.
If I can impart any advice to anyone going through the same thing, I have two things to say:
1) Always appeal the unemployment decision. It never hurts to try, but be smarter than me and save those emails, write down dates/times (never on your work computer/devices, use your personal phone) and document everything. Even if you think it’s nothing at the time, if you find it even remotely fishy, document it and save it.
2) Take your PTO. Not just for your family or urgent matters, but for yourself as well. I didn’t always believe in taking mental health days, but now more than ever, you just gotta make time. If you can’t take a full day, take a half day. Work will not miss you when you’re dead and gone.
TL;DR: Finds out valuable info through former co-workers about FM. Boss fucks up at appeals hearing by getting themselves kicked out. Unemployment decision is reversed. Told husband everything, including arranging employment attorney. Husband gets pissed. Boss tries to appeal reversal decision, denied reopening due to lack of evidence. Husband agrees to meet employment attorney with me.