Assualted

[quincy]

But both supervisor in both of there statements say I was attacked first my immediate supervisor told me that he seen the attack first in me and that it was going to be fine everyone seen and stated that I got kicked as I picked up a mess in the street. The transient even told my supervisor they were sorry for kicking me. So this doesn't make sense to me.

It makes even less sense to me.

 

[Kaos1881]

When I was being fired it was the owner of the company that fired me. He started off by saying that I was getting to ****y around the warehouse. I had mentioned that we needed to fix some hazards and how we have been unsafe on our forklift and such. But then he told me I had no right to kick them off the property that I was not a bouncer. I told him I was instructed too. And why did I tell them to leave. As I said. I was told too. And then he gave me my check with severance and I gave him his property then he was going to yell at me more but I got up and told him your here for this but when I complained about how there are so many racist comments being made it's laughed at after the fact. Then I left. Keep in mind that it's a really bad part of town we have had many problems on the premises. Like bombs and robbery and defacing of property. Deficating on our building.

 

[quincy]

When I was being fired it was the owner of the company that fired me. He started off by saying that I was getting to ****y around the warehouse. I had mentioned that we needed to fix some hazards and how we have been unsafe on our forklift and such. But then he told me I had no right to kick them off the property that I was not a bouncer. I told him I was instructed too. And why did I tell them to leave. As I said. I was told too. And then he gave me my check with severance and I gave him his property then he was going to yell at me more but I got up and told him your here for this but when I complained about how there are so many racist comments being made it's laughed at after the fact. Then I left. Keep in mind that it's a really bad part of town we have had many problems on the premises. Like bombs and robbery and defacing of property. Deficating on our building.

I recommend you start a search for a new job now. The good news is that any new job you get is sure to have working conditions better than those in the job you left.

Good luck.

 

[Kaos1881]

I'm not looking to go back but I want my benefits till I find a job.

 

[Ohiogal]

Well then why am I being denied my benefits if I was the one who did what I was told then I got assaulted. Defended my self and got fired for not letting someone hit me after I was instructed to get the transients off the property.

You had NO RIGHT to touch anyone's property -- even a "transients". The proper method of handling this would have to been to call the police. The transient had a right to defend himself and his property. Why you think otherwise and think you are superior is beyond me. And this was not wrongful termination. Your job had a right to fire you for any reason.

 

[commentator]

The fact that you had mentioned racist comments has absolutely no bearing on whether or not your unemployment would be denied. The unemployment system is NOT the EEOC, is not in the business of making sure there is no discrimination based on race, sex, age, etc. They are not the agency you would be making a legitimate complaint of racial discrimination or mistreatment to, even if you wanted to make one.
The fact finding that has gone on during your claim process has totally disregarded your random complaints that your employer made racist complaints or that you heard them on the worksite. They also have rightfully ignored any implications you've made about the employer not paying you correctly or not using proper safety procedures.

They want to know why you were discharged, who told you you were discharged, under what circumstances you were discharged,etc.


What the unemployment system will want to know is if you are out of a job through no fault of your own. It sounds to me like this employer wanted to fire you. For many reasons, including the one about you getting too .....y on the job, as he put it. You weren't winning any employee of the month awards anyhow.

But the primary thing that led to your termination was the incident in which they told you to tell the transients to get off the property. The supervisors who told you to do this may deny they told you to do it. And you definitely over reacted, or in their opinion, did not handle this situation in an appropriate way. Your story of "I hit them after I was attacked! (I was attacked while throwing their things off the property)" does not apparently reflect reasonable response, in the decision of the unemployment system. The employer even went so far as to call the police to the scene. He mentioned this as the specific reason why you were terminated.

From the sound of it, though, this is your first denial of benefits. So that would mean that you have an appeal hearing to do? If so, file your appeal, and keep certifying for benefits weekly as you have been instructed.

If your employer keeps bringing in irrelevant material about your attitude and job performance, does not stick exactly to the situation being discussed, and if YOU can get all the irrelevant material out of your presentation of the facts, can simply stick to your position of "I was asked to remove the vagrants from the property" and "I defended myself when they attacked me," and "The police did not press charges against me," you might have a chance to show that your actions were not work related misconduct and did not give the employer a clear cut reasonable reason to terminate you.

Get rid of all these things you think are going to help you like how the employer allowed you to hear racist comments or didn't pay on time or used unsafe practices. These only hurt your chances of being approved for unemployment benefits on appeal.

Meantime, I heartily agree that you should spend the majority of your time and effort looking for something else and not count on being approved in appeal for unemployment benefits in this situation. They've got a pretty well documented case of your having over-responded to the transient relocation issue. Most attorneys are not interested in taking your case, because unemployment, if and when it is approved is not much money anyhow, and as I said, it is not the venue you'd pursue any other areas of complaint. Legal services will sometimes help people with their unemployment hearings and appeals.

 

[Kaos1881]

But here's the thing. The cop that came days later after the insident said there was no reason to make a report as I told the officer that I was told to get them off our property. So if got fired or repramanded for not doing it.

 

[Kaos1881]

And thee transient wasn't protecting there property it was on the sidewalk and they attacked me after as I was cleaning the garbage on the street. After I pushed the one away he apologizes and that was it.

 

[Zigner]

WHO is denying you benefits? Unless I read it wrong, it sounds like you haven't even received a decision yet.

 

[Kaos1881]

I did today. They denied me. I called and another edd employee told me to fight it because I was doing as I was told.

 

[quincy]

I did today. They denied me. I called and another edd employee told me to fight it because I was doing as I was told.

Okay. Then appeal the decision.

Again, if you can support your story to eliminate the he said/she said conflict, this should help you.

For a personal look into your suspicion that you were fired in retaliation for your complaints about racially-insensitive comments being made in the workplace, seek out legal assistance in your area. I suspect you do not have enough to support your claim.

Good luck.

 

[Kaos1881]

It's like this. I did as I was told there I didn't thing anything of it. I would voice my concern about we were having to ride on a forklift to move equipment that was too Heavy but we still had to do it. I drove a fifth wheel and did deliveries in it over weight and was never told I was legally not supposed to drive the fifth wheel because it's not rated for a class c license I didn't know or was never told I was doing illegal drives. So yeah I always did as I was told. I just voiced me concerns.

 

[eerelations]

It's like this. I did as I was told there I didn't thing anything of it. I would voice my concern about we were having to ride on a forklift to move equipment that was too Heavy but we still had to do it. I drove a fifth wheel and did deliveries in it over weight and was never told I was legally not supposed to drive the fifth wheel because it's not rated for a class c license I didn't know or was never told I was doing illegal drives. So yeah I always did as I was told. I just voiced me concerns.

This is not the place to appeal the UI decision. As you were advised, you need to appeal directly to the UI people.

 

[Kaos1881]

I know I am just giving the facts of how I did as I was told.

 

[quincy]

Again, and to repeat what commentator said, for your appeal you need to concentrate on the reason given by your employer for the firing. All of the extraneous stuff you are throwing in is not relevant to the UI decision. The denial was (apparently) based on the single assault incident.