My question involves unemployment benefits for the state of: Missouri
Just looking for a little insight into this conundrum I have recently gotten my self in to.
On May 8th 2012 I was written up for lack of performance due to use of cell phone, attendance, and a minor discretion. On August 8th I got in to an argument with my co-worker and was talked with my boss that day which he says wasn't anything worth getting written up for. On August 9th I talked with my HR to confirm that I wasn't being fired or written up on her end for the whole ordeal. She says it wasn't anything to worry about and she didn't have anything to write me up on, since it was a verbal argument.
Then she dropped a bombshell on me. She pulled out the agreement stating I was on probation for no less than 90 days, a mid review June 21st, 2012, that I signed on May 8th. I never received my mid review like I was supposed to, even though I reminded my boss 2 weeks before and after. That's when she told me that my performance at work had been lacking again, and that the person I got into an argument with I was spreading personal rumors about him for which they had 2 statements from other co-workers. It was then my HR and 2 bosses, they said that they didn't believe I was being completely honest and that they were firing me due to the use of my cell phone.
Without resistance I said alright maybe I messed up, even though they couldn't show me any evidence of lacking performance. (The last 2 months I had been sweeping floors and painting, which is a chore and not the actual job itself.) Knowing I needed something to keep me afloat until I got my next job I filed for unemployment. They disqualified me because the employer said I was fired for misconduct, warned about use of cell phone. Exactly what it says!
I appealed it, providing the probation agreement; along with a personal statement. I'm currently waiting for a hearing now and now am at a total loss as what to present to the DES. The policy on cell phone use during work is on approved breaks and must not interfere with work. Back in May I would have so you got me, I won't do it again. But to fire me after the day our agreement ended but you didn't fullfill your written statements in it?
All thoughts and advice is appreciated.

