dishcarged from nursing home,,,unemployment appeal

[ronss]

What is the name of your state (only U.S. law)? az

well, its a long story...new administration started at this nursing facilty about 1.6 yrs ago...

1. i am a certified nursing assisstant, working night shift, the one cna was not rotating like he should., i complained to the unit manager...she had a meeting after work with everyone in there, which i think was wrong, this was between me and another cna...why all the nurses...the nurses liked this cna that did not rotate..i complained that when it was his turn to work section 3, he would skip it and put me there...so he did not have to work it...the nurses told the unit manager it was not true..but they lied because they liked this guy, i was then told by the united manager to see the director of nursing to resolved this..i could not believe it..

2. saw the new director of nursing,,she was very quite, and hardly said i word. i told her what happen, she wrote a couple things down...and just said ok...i will look into it...that was it..i could tell she was not to social towards me at all...that is when i think the trouble started with this director of nursing, think she talked to the nurses, and they lied to her....oh,,,,the guy did start rotating after all this**************but it put me on the wrong path with the new director of nursing..

3. i was in the director of nursing office to see her about a matter, the executive director was there, and she all of a sudden came out and said i called her every night for a month, complained about working a certain station....that was a total lie, i did not ever complain to her...i then knew her eithical behavior was not in line with the postion of power she had...she abused it..

4. one night, i was at the nursing station , and was with the nursing staff, i told them i was going to check on this last resisdent. it was 10 pm..time to go home...i walked down the hall opened her door , stepped in and asked if everyting was ok, she said yes...and i left and went back to the nursing station...we went home.....the next day i was suspended., this lady said i exposed myself and calllet the police...she was crazy. i told the director of nursing she was not all with it...the cnas watched me go down the room at quitting and time and saw me come out of the room....anyhow..i was off for a month for this, and they finally decided to let me back to work..i one day come in and asked the executive director if we could go to this ladys room and talk to her...I wanted to confront her on this issue...she said no

5. i was told from the staffing persone when i was off for month over this incident, that the director of nursing did not want me working there, and was trying her best to get rid of me....that is when i knew i was in trouble..i feared my job every day i came to work..

6. i came to work on my last day, and was told to go to director of nursing office....she said i was fired....said i ate some food in a residents room the night before, i said it was a lie,,,i had not been in that residents room for a month, and did not ever work that section...what happen is that a cna working that section thought i was not helping passing dinner trays, when i was actually in kitchen getting alternatives for the residents...this cna went into this room talking about me,,,and encouraged this resident to write me up.....and she did...the cnas are not suppose to be talking about other workers...against complany policy

the director said i provided poor customer service, had a pattern starting, and ate food in the room,. i show not respecto, no diginity to the residents, and broke infection control

this is all a llie,,i provided excellant customer service, and had no pattern starting...the director of nursing and unit manager were never on the floor , had no idea what was going on...most of the residents liked me, , you will sometimes get someone who does not,,,but that is normal...

anyhow....i am now appealing my unemployment claim....i just wanted to know what would be my best defense on getting the uemployment i feel i should get....all this is on the report....thanks ....oh, i am going to call the nursing home coporate office and make a formal complaint over this director of nursing..i know for fact that there have been others that have**************.thanks for reading

 

[Chyvan]

the next day i was suspended.

Being suspended without pay is no different than being fired or laid off. You should have filed for UI when this happened.

i just wanted to know what would be my best defense on getting the uemployment i feel i should get

Type in your decision.

What did you put as the reason why you were fired on your application when you applied?

Did you submit your appeal REQUEST yet? All you need to submit is "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled." If you already submitted something, what did you say?

I get the feeling that you denied everything, that's great. At your hearing, you want to make at least one hearsay objection. I suspect this is the only evidence the employer might have against you true or not. That lady that accused you of exposing yourself won't be at your hearing. I'm assuming you weren't convicted. The people that actually saw you eating won't likely be at your hearing either. Hearsay evidence carries little weight. You've got a good chance at your appeal hearing.

Read this guide: http://www.cuiab.ca.gov/Documents/forms/27Ways.pdf especial 11 and 15.

To answer what you really asked, you're counting on your employer either not showing up or bringing the wrong witness(es), and it works a lot of the time especially because it sounds like you work an odd shift, and the people that could have seen you do something work the same odd shift, and they won't be too thrilled at giving up sleep to help the employer fight your UI claim, and the day shift people are working from a hearsay stand point.

Do you live near 19th Ave and Camelback? That's where the in-person hearings are held. It's conveniently located on the light rail if you live near a station. To increase the chances of an in-person (causes the employer to be even less likely to appear) vs. a telephone hearing, and you have trouble distinguishing different voices on the phone, you can use your difficulty to your advantage. When you request your appeal, be sure to note that you need to see lips move and read facial expressions.

 

[cbg]

A review of the OP's post history suggests that there is more to the story than we are being told.

Arizona is a fairly large state to be suggesting an in-person hearing in Phoenix if he happens to live in Tucson. Or Round Rock. Or Havasu City.

 

[Chyvan]

A review of the OP's post history suggests that there is more to the story than we are being told.

Arizona is a fairly large state to be suggesting an in-person hearing in Phoenix if he happens to live in Tucson. Or Round Rock. Or Havasu City.

He does live in Phoenix, and you should have known that from his prior posting history since you checked it.

 

[commentator]

Lord have mercy. Home state and everything. We are in heaven here. Okay, I will have to say, if you get this one approved, I will tip my hat to you. Go for it.

 

[Chyvan]

Lord have mercy. Home state and everything. We are in heaven here. Okay, I will have to say, if you get this one approved, I will tip my hat to you. Go for it.

I don't think we'll ever know. He doesn't strike me as someone with follow-through.