16 June 2004 @ 04:20 pm
One small victory for Dragons...
FINDINGS OF FACT

1. The Claimant was last employed on 5/27/2004
2. The Claimant's job title was Senior Advisor
3. The Claimant was discharged for: rules violations
4. The Claimant was working at the time of the incident which caused the separation
5. Prior warning was not given before the separation.
6. The Claimant's conduct was not serious enough that a dismissal was warranted without a warning.
7. The rules that the Claimant violated do not rise to the level of willful misconduct.

In other words -- suck it, Step-by-Step, unemployment compensation for me!
Current Mood: pleased
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[identity profile] hollyonlife.livejournal.com on June 16th, 2004 08:27 pm (UTC)

Yeah for you!!!
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[identity profile] adept.livejournal.com on June 16th, 2004 08:40 pm (UTC)
Way to go.
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(Anonymous) on June 16th, 2004 09:16 pm (UTC)
~cheers~ And those findings look very positive from an external perspective, especially #7. They're saying: "you basically just used this as an excuse to get rid of him without good reason."

SR
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[identity profile] dragonoflife.livejournal.com on June 16th, 2004 09:20 pm (UTC)
The Discussion section of the letter actually doesn't touch on the issue, but it does specifically say that my employer failed to prove what I did was so serious it merited dismissal without a warning. So yes, it does reflect poorly on them.

But I knew they were looking for an excuse to get rid of me anyway.
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(Anonymous) on June 16th, 2004 09:57 pm (UTC)
Ah, yes, but you can probably quote the findings of fact during an interview if you get asked why you were dismissed.

SR
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[identity profile] jameel.livejournal.com on June 16th, 2004 09:35 pm (UTC)
VICTOLY!!!
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[identity profile] genedefect.livejournal.com on June 18th, 2004 09:02 am (UTC)
Normally I would not be the kind to advocate this, and I don't even claim to know the full story, but

Have you also considered legal action vs your former employer for 2 reasons

1) They deserve it
2) Get it off your employment record as a firing (yea now you have a lawsuit vs an employer, but a new potential employer can't hold that against you technically, but they can hold up a card saying you were fired)

~notes that it is 2am where he is and he is at work~ ~questions own sanity right now~
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[identity profile] dragonoflife.livejournal.com on June 18th, 2004 07:33 pm (UTC)
Yes, admittedly they deserve it. However, I don't think I have grounds for a wrongful discharge case. The Policy and Procedures manual states that they can and will fire me for what I did (regardless of how wrong such a move might be), it just falls out that the Department of Labor and Industry decided that according to *their* standards I should have been given a warning first. Does that make sense?

Besides, lawsuits require time, effort, and money, which could all be better spent finding a new and better job. I specifically informed them in a letter that they were *only* allowed to verify my dates of employment, not give recommendations. If a potential employer asks why I left, I'll simply say the agency and I wanted a mutual separation. (Which is true.) If they ask if I was fired, I'll say yes and explain why. I think I have a pretty good justification as to my actions.
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