yeah, i've got another problem

[lich]

I thought I was laid off from my last job since I was not given adequate reason for discharge and the company consolidated to eliminate my position. Since then I have applied to a police department and am awaiting their next recruitment drive. In the application I said I was no longer employed there by reason of lay off. Now it seems my former employer is objecting to my unemployment claim, alleging I was fired for receiving numerous customer complaints about my poor customer service. Because of this, my claim was denied unless I appeal and force my former employer to show proof of my willful or wanton misconduct.

This bothers me for a number of reasons. Not only do I have to go through the process of showing his claim to be false, but I have to do it while looking for work and worrying the police department will think I was lying on my application either by researching my background and finding this series of events or by my decision to call them before the selection process even begins to explain my side of the story.

I feel like I'm screwed no matter what I do. If I do not appeal, I lose the claim automatically. But if I do appeal and lose the case, it would seem to validate my employer's claim I was somehow a bad employee. This can't help my chances. And even if I win, there are plenty of cynical people out there who will think I got off on some technicality. Also, if I don't call the department ahead of time, I'm worried I might look deceitful.

Basically, I'm feeling really stressed out about this and I would appreciate it if anyone has advice.

[journey2cps-redux]

Hmmm....tough call...I know your in the states so I don't know if I can really help out at all. In Canada an employer CANNOT fire you without proper documentation. I beleive they are required to issue 3 warnings 2 verbal and one written. All of these MUST be signed by both parties (employer & employee) and MUST be for the same problem. Without that it is wrongful dismissal and the employee can take court action against the employer. Your state laws could be different however.
In terms of the police app, I would call the recruiter and explain the entire situation, problems, discussions with your employer, and the ultimate outcome. You will gain more by telling the truth right away before they find out on their own, since that would result in an imediate "Thanks, but No Thanks". At least that way they know and can tell you then if you still have a shot or not. If it was me I wouldn't consider it a MAJOR problem with an application, depending on the indivudals other attributes.
My 2 cents, for what its worth. ;D

J2D

[lich]

In case anyone is wondering, I want to make it clear I did nothing to violate company policy in terms of my customer service. I have outstanding customer service skills. In the job I had before my most recent one, I worked at a grocery store (it was a college job). In that time, I received two personal letters from the company president applauding my customer service skills, both of which were prompted by letters sent to him from satisfied customers. As you may be able to guess, it takes a lot for someone to be so impressed with the way a produce clerk performs his job functions that he finds it necessary to spread the good word about his abilities.

It is my belief I was "fired" in order that my former employer might save himself the expense of increased unemployment insurance taxes. Of course, I can't prove this, but I can appeal my case and bring to light any alleged documentation of my inability to adequately perform the job. I'm absolutely furious I would have my reputation tarnished in this way.

Thanks for the speedy reply, journey. I know the law here states the employer must have valid documentation which includeds signed warnings or terms of employment under which termination is validated for customer complaints. My former employer has neither of those.

[guest]

I feel for you lich. I thought the law was "innocent until proven guilty"? It appears the opposite for you. Guilty until you prove your innocence! It is appaling that you now have to take time out of your day and job search to prove your case that you were not fired for misconduct. It is also brutal that this sort of thing may in fact affect your LE applications and the onnus is now on you to prove otherwise. If your former employer is backtracking now and saying you were fired, and they don't have any documentation to prove it, I would start thinking about getting a lawyer. These false allegations against you are starting to sound like deformation of character and in doing so may very well hurt your future application with LE agencies. Don't stand for it. Take this guy to the cleaners. Most likely he has done this time and time again to other employees. Someone has to take a stand.

[lich]

I have considered legal action, but the burdon of proof would be on me to show libel. Also, I can't afford an attorney.

I am hoping I can clear my name in the department of labor, receive unemployment compensation, and invite any police department suspicious of my actions as an employee to speak to any of my former coworkers. They would all speak well of me and my actions in the company.

I was encouraged by the department of labor to appeal the decision, and I filed the necessary paperwork today. I'll keep the board posted as to the outcome, and I'll wait before telling the department anything before the situation is finally settled.

[guest]

Pretty sad when one needs money to be able to afford defending themselves from some employer making false, defamatory statements about them. \

When are we going to wake up! It seems the criminals have more rights than the victims.

[Charlie]

lich--I can only echo a lot of that's been said already. Judging from your explanations concerning your situation involving your former employer, I think you have no choice but to go through the appeals process, especially if you've been wronged, with the Department of Labor. Not only for any possible future LE jobs but primarily for ANY future jobs you decide to pursue.

Go through the appeals process and see how that turns out. I would also suggest reflecting on what led to your lay off or termination. Think about any names of people who may have witnessed any events or situations which may be related to your situation. I would also try and make some notes to keep all this information in perspective for possible future use and reference.

I would also collect any relevant documentation you might have concerning this situation and I would also keep some sort of journal or diary of what you do, contacts, who you spoke with and how your appeals process generally goes. Why? Just in case your appeals process doesn't go well and IF you have to go to the next step of obtaining an attorney. I hope it does not come to that but hopefully you'll prevail in the appeals process to clear your name. Of course, try the appeals process FIRST before taking the next step.

Otherwise, sounds like to me you've got some good advice from others as well.

Good luck with it.
--
Charlie

[lich]

Thanks for the additional advice. I appreciate your concern and hope to be vindicated shortly. I feel more confident since I started this thread, so thanks for that too!

[midcoaster]

Hey Lich,

Sorry to hear about the runaround that you are getting from your previous employer. Although I have never dealt with a situation like that; I would definitely file an appeal, and place the burden of proof upon the former employer.

I am sure that the background investigators of any agency will have experience in dealing with vindictive former employers, especially in a situation such as yours, when the former employer stands to gain financially from making such accusations against you. I am sure they will look at the total picture of your history, in making a determination regarding your suitability for the job.


Don't worry Lich, the rest of your history will speak for itself. Good luck with the appeal.



Lisa

[lich]

Hey, midcoaster, I'm glad to hear from you. How have you been lately? Any news on your employment search?

Thanks for being supportive! I'm glad you agree with my decision to appeal.

[midcoaster]

Hello Lich,

I am waiting for my background to clear with the DOC. I went in on the 20th to fill out the background book, it took nearly four hours. One thing that I found interesting was that they gave us a question, and we had to write a paragraph to answer that question. They wanted to insure that we were able to write coherently. lol I thought that was one of the objectives of the written test. ;D They gave us twenty minutes to do that. I was told that my background should take four to six weeks to clear and that they will need at least three weeks to get my benefits up and running in order to get me into the academy in July. The tentative start date is July 24th.

I was hoping to have started the process for the Milford PD by now, but they haven't even begun the process yet. I didn't think that the DOC would get me into an academy so quickly, I was under the impression that they were only creating a hiring list, due to the hiring freeze. They said that the state will make an exception for them. I guess that means that I will be working corrections for a while, I need a job and I want to work in law enforcement in some capacity. I think it will be a good learning experience. I will also start working on my criminal justice degree while I am there.

How have things been going on your job search? Do they have any reserve or auxiliary police opportunities in your area? I know that they have what are called seasonal police down south in the beach towns, but do they have anything similar up there? It would be an excellent opportunity for you if they did; it is definitely a foot in the door. I would have gone that route, except that I arrived here too late and they had already hired everyone by the time I got here.

I hope something comes up for you soon. Remember, nothing worth having ever comes easy. Keep us posted.

Have a great weekend,
Lisa