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  1. #1
    Join Date
    Feb 2014
    Posts
    6

    Default Appealing a Termination

    My question involves labor and employment law for the state of: Washington

    I was recently terminated after many years in my job for the alleged acts of my supervisor who was accused of making disrespectful comments to his subordinates. Our company had a complaint line where a couple of employees colluded to get some workplace changes stopped that affected them. We ended up getting several statements from employees to support the supervisor and pretty well say what kind of guys these two were. We submitted those employee statements with our appeals. One of those complaints was a hispanic male claiming this supv was racist and this person had a history of making such claims when things weren't going his way and the other, an over weight fellow with health problems in his middle age who charged that the supv was making disrespectful complaints about his weight.

    The other charge in our termination was 'resisting change' due to some changing of shifts that was being brought about and our supposed resistance, even though that resistance was based on potential safety risks affecting employees so I had asked that the change be postponed temporarily. I'd had a different supervisor years ago who had made a comment in a performance review that others had perceived me as resisting change at times when in fact, I was attempting to protect our business and just questioning things before they hit. That was an exemplary review and I highlighted the comment and submitted it as well with my appeal. I'd had NO warnings or reviews of any kind from this new supervisor of mine and instead, he took the word of one or two other new managers who are new to our business but apparently had a vested interest in the outcome. I would hope that this may be worth something on appeal where he never had personal observations to drive something like this because he'd spent so much time away for other reasons during this time.

    Our appeal is being heard by an administrative law judge who as it turns out, speaks at Universities with one of our companies complaint investigators to Human Resource audiences. I see this as a conflict of interest and had thought about sending the internet link where this person was scheduled for an appearance for a seminar with the complaint investigator or just let this run it's course and see what happens and then perhaps, mention it. I don't want to offend anyone by questioning character and integrity but when I saw that, it appeared pretty apparent so I had toyed with the idea of just sending the link that mentions both by name and ask, "is this the same Joe Smith by chance"? and let it go at that.

    Any thoughts are appreciated.
    v

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Appeal

    If you work for a private employer they're not required to allow you to appeal the termination at all. Are you sure you want to rock that boat?

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Appeal

    Are you appealing UI or the termination itself or what?

  4. #4
    Join Date
    Feb 2014
    Posts
    6

    Default Re: Appeal

    rock the boat by asking if this is the person doing the appeal ?

    - - - Updated - - -

    Quote Quoting Dogmatique
    View Post
    Are you appealing UI or the termination itself or what?
    Appealing the termination and hoping to get my job back.

    - - - Updated - - -

    Are you sure you want to rock that boat?
    Perhaps I leave it alone for now and see what the outcome is. Don't want to offend anyone on the front side of this if I can help it.

  5. #5
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Appeal

    Rock the boat by questioning the appeal process and/or participants. Given that your former employer is not legally required to hear your appeal and may legally halt the process at any time for any reason whatsoever, it may not behoove you to complain about how your former employer is managing the process. This could be seen as an extreme case of looking a gift horse in the mouth and may cause your former employer to scrap your appeal altogether. And again, this would be perfectly legal.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Appeal

    Also, consider that people who are employed in the same general industry are going to know each other. Just because the ALJ knows your HR person doesn't mean he's incapable of an unbiased decision. There are assistant district attorneys and defense attorneys who knew each other in law school and golf together on weekends; that doesn't mean they don't do the best possible job they can for their respective sides of a court battle. They're allowed to have friends and/or acquaintances. You've not presented anything to suggest a conflict of interest.

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