A former co-worker that was fired got denied unemployment. It was due to the fact that she had a breakdown one night and myself and another worker ended up picking up her slack. She was very emotional and....possibly that time, girl stuff, ya know. I usually end up helping some of the people around the job daily because everyone has their bad days, and not everyone has even work loads all the time. So this lady has one bad day, and the next day the other guy I was working with told my manager about her having a breakdown for 45 minutes and that we had to do ALL her work, both points were not true. So, without much thought from me, or many words to uphold her good nature, she was fired. Now she is appealing for being denied unemployment. I pesonally think it's really shitty that she was fired and denied, she was going through a very hard time in her life, trying to clean it up for herself and her kid. Now, my boss wants me to testify as a witness, but I really do not want to be a part of deciding this ladies livelihood. I would never want someone to lose a job, be denied unemployment and try to provide for herself and her kid. What should I do?
^^^ I agree, I never really talk about my co-workers even with the managers/shift leaders, for it to all work out, you need to man up and talk to them yourself. But no, I never even mentioned the night because as I said, I help everyone out here and there. Now, I just feel so bad, and I want to call my boss out for being such a tight ass dick head with no moral standing or resepect from his employees. And, he never subpeonaed or anything, just asked me to come as I was there, but now I just don't feel like going. He wouldn't like what I have to say anyway... So, do I have to attend?
I would say to him look she is my friend and I really don't feel comfortable testifying. If he pushes it-let him know you're not sure which way you would testify. If you are worried about losing your job-did he ask you to be there in an email? Print out the email and reply to him in an email stating that you are not comfortable being there-print that out also.
Not familiar enough with such matters to be confident in my answer... my increasing sense is that in general we have few rights but are free to exercise discretion with such things- being mindful that some options carry risks as the employer is free to react as he/she sees fit. The reality of workplace policy and law was driven home a couple years ago here (Ct) when work circulated an amendment to the employee handbook that we all had to sign an acknowledgement of receipt as a condition of continued employment... that is if we didn't sign we agrees to vacate our job... a quit with no unemployment compensation- and the addendum read that employment was an at-will situation... that the employer can fire at any time for any reason- including no reason- and they are not compelled to reveal the reason and we had no right to appeal. As workers we have remarkably few real rights within the workplace... we operate largely as the property of our employer.
How was the suit filed? Is it a civil suit that she filed or is it filed through unemployment as an appeal?
if you like the job, it would probably be a good idea to go. odds are, she was a shitty employee and this breakdown was just the excuse they needed to fire her. if this was really the only issue with her, then your boss is crazy and you had damn well better testify if you don't want to be next.
It is going through unemployment as an appeal because she was denied it when she filed. The boss's wife (because he only counts the money) contacted me and asked about the incident and if I would go to the hearing. I said yes in the moment, with something in the back of my mind telling me not to. And I thought it over more and how that night went and the situation around it, and think it's shitty. And the girl wasn't the best at her job but she was trying, and although it took longer than usual, she still got it all done. And to Stinkfoot, I agree about our rights being squashed as employees, we are seen just as numbers like the government does to us. I worked at a place with "employment at will" and I read the handbook, and thought, well fuck, if they can just fire me with no reason for termination, then I will leave before they fuck me over. I AM ALL ABOUT FUCKING OVER THOSE WHO THINK THEY CAN OUT SMART OTHERS DUE TO THE SYSTEM AT HAND.
Then it will be a panel that you appear before rather than a formal court. They normally interview each person separately and in private. Then they render a decision and inform the parties by mail. Legally you do not have to attend nor do you have to supply testimony through an affidavit. If you do choose to attend you are under oath to be truthful about the events. By doing so you have protection in that you can not be dismissed from your current employment for doing so. The cautionary here is that does not mean to say it will not happen as they will simply find a reason to terminate you if they wish to that is not related, even if you know it is. One way around this is to present to your employer a letter that states what you intend to state and will state, as in what your testimony will be. It can be simply factual and then he/she will decide if it is in their favour to have you appear. Usually if there is any doubt about sympathy, they will forgo you appearing as it damages their case. Good luck.
thank you all for the help. i will talk to my boss about it today. i hope it works out for her, i will today be telling my boss how i feel about the situation, and see if he even thinks i will be helping his case. :sultan:
I got fired for something I didn't do, got on unemployment, which was later cut because I "didn't come to work in uniform." Thing is, we didn't have uniforms. My boss took my side in the hearing but we both still lost to the higher ups. Go figure. I think I technically owe the state of MS like 400 dollars now but they haven't tried to collect or give me instructions so I just said fuck it and got back into school.
