Termination/unemployment

[Bigbadbearhugs]

What is the name of your state (only U.S. law)? Kentucky
My story: I have worked almost 3 years in a doctors office as a phone receptionist. On August 18th I was told I was being put on 3 day suspension for patient complaints. This was only explanation I was given. I gave my side of the story against these complaints the best that I could. I was told I would be called the end of the last day to let me know if I could come back to work. In this period of time I was told by a coworker that I was being accused of giving bad info to a patient and it resulted in a IUFD. The patient called stating she hadn't felt the baby move since morning and was concerned, I told her to go to triage at the hospital and be checked out but she could drink something with caffeine to see if baby moved but she needed to go to be checked. This advice has been given out many times before which was only reason I gave it. We are told by nurses what to say to patients and it had never been an issue. This upset me greatly.
On Tuesday the 22nd, HR called and told me they had decided to terminate me. I asked if they intended to fight my unemployment and was told that it hadn't been discussed. I asked for specific reasons for my termination and was told it would be mailed to me.
I applied for unemployment benefits but am concerned they will fight it using misconduct as the reason and I have no way to defend myself since I really don't know my exact termination reasons.
If I am being accused of something other than patient complaint, should I go ahead and seek legal counsel both for my unemployment and to protect myself?

 

[Chyvan]

If I am being accused of something other than patient complaint, should I go ahead and seek legal counsel both for my unemployment and to protect myself?

Too soon to be getting an attorney. Unless you get denied and have to appeal, then you can worry about an attorney. I personally wouldn't bother with one. I can assure that the complaining patient will NOT be at your UI hearing. That leaves your employer with nothing but hearsay testimony.

Before a hearing, you'll have access to your employer's version of events and any proof they choose to provide. You won't be blindsided. Decide if you need an attorney AFTER you have access to the information. For now, just follow the process, and wait for your initial denial if it even comes to that.

 

[PayrollHRGuy]

The way this will work is that when or shortly after you file for UI you will give your side of the story the employer will be given the same opportunity. Tell the truth.

Normally unless you broke a rule that you were notified of in writing they will have a hard time proving misconduct. This case may be a little stickier because unless you were told in that specific case by a medical professional (doctor or nurse) what you admit you did could be considered practicing medicine without a licence.

Should you be disqualified you will have the opportunity to appeal (as will your employer if you aren't).

I would suggest you don't get a lawyer. I've found that often in UI hearings they are more of a hindrance than a help and in 18+ years doing the employer side of about 5 hearings a month I've never lost to a lawyer and have heard UI hearing officers tell them to "please be quiet" on more than one occasion and to "shut up" in one.

The process is sort of like small claims court. It is designed to work without lawyers.

 

[Bigbadbearhugs]

Additional Questions

I am more concerned at this point with my work reputation. I'm only a GED educated person and 55 years old. There aren't many job opportunities out there for me. This is taking a toll on me mentally. Making me physically sick.

 

[PayrollHRGuy]

There is nothing you can do to change what has happened. Start sending out resumes for receptionist positions.

 

[commentator]

As the unemployment system will well know, medical offices are often the least professional and most frustrating places to work in the world. I know you are proud of having gotten an office job and were very concentrated on doing a good job. However, this is an "at will" state. if they decide they want to, they can make up any lying, foolish, superficial untrue reason known to man (or completely without a reason except that they want to) and fire you. It's not illegal. They can legally fire you at will in your state.

An attorney will probably know as little about unemployment as the average layman, though they are generally bright folks who can read and study up. But when you file a claim for benefits, and your unemployment case is heard, it is NOT a court hearing, it is an agency hearing, done by an agency, and set up so that most any person of normal competence can self represent. An attorney, as it has been pointed out, can sometimes really mess things up, rather than helping. Because what you need to do is tell your version of what happened, plainly and succinctly, without quoting unemployment law, without trying to go all "legalistic" you just tell what happened and answer the questions they will ask.

The employer's representative also will be given an opportunity to go into their version of the reason why you were terminated. If you are approved for unemployment benefits, it will cost the business money. Therefore they have quite an interest in seeing that you NOT get to draw benefits, so there is a very good possibility that they may not be perfectly truthful in what they say is the reason. You tell your story, they tell their story, and the agency goes with the one they find most believable of the two versions.

It takes quite a while for these issues to be resolved. Six to eight weeks until the claim is initially approved and a hearing can be held. You file at once, and continue to certify for weeks until you receive a final decision, which may be three or four months. If you are approved, there is a maximum of 26 weeks you might possibly be eligible to draw benefits, in your state at a maximum of $415 per week, and then you're out. There's no way an attorney could get you more money, and there's no way you can increase your benefits.

That's why attorneys aren't so interested in being involved in unemployment cases. They are, by design, a lot less money than you could make working at a decent job, and you don't get it long. It is designed to be only a stop gap between you and the next job you find. Thus, getting approved for unemployment after you are fired may make you feel justified, make you feel a little better, but it's not going to last long or be much, and you will immediately need to begin moving on and finding another job.

Try to move on productively, even while the unemployment case is going on. While filing for benefits, you will be required to do an extensive work search. Be looking for other things, networking, doctoring up that resume. DO NOT go negative on the place you worked, do not keep going over what they did to you or what he said/she said/they said I said or did wrong. As I said, they can and will say anything they want to, you cannot control that. Don't let them deprive you of sleep. In the many years I worked for unemployment systems, as I said, medical offices seemed to be the most drama filled and miserable of all employment situations, frequently operated by family members of the professional involved and full of she said/he said/they all said/ garbage that ate up people and spit them out. Be glad to get away and good luck in finding another better position.

What you can do is when you are interviewing for other positions, you can be as positive and upbeat about the good learning experiences you had there and the good things about the job as you can be, so that you will be perceived as someone the next employer wants to deal with.