Am I entitled to unemployment while seeking an attorney to represent me in wrongful termination

I started with Carbonair Environmental Systems in June 2016 and effective January 01, 2017 Carbonair was Purchased by Proact Services Corporation. My position was Controller/Administrator for the South Atlantic Region. My Administrator duties are to be the HR liaison to Corporate HR in Ludington MI. I have been having an issue with an issue with a employee (Walter Alvin Pacetti Tech III) whom was constantly removing my work folders from the office and either losing the folder, Or the information that belonged into the folder. This employee has been doing this to me for months after repeated request to the employee to stop removing my work materials from the office. I have expressed on several occasions to the operations manager my supervisor (Jeremy Strand ) that “Alvin has taken my job file again.” Just to get a blank stare back from my supervisor (Jeremy Strand). Jeremy favored Alvin over all the technicians, he referred to him as “Skippy his road w*ore. Jeremy let Alvin take a company truck home constantly. The company would pay for fuel and maintenance and Jeremy would sign off on it. When the Mark our elder technician requested to do the same he was denied. When we were hiring for technicians, Dwayne A CDL Driver applied for the position, I asked Jeremy if he was going to hire Dewayne and Jeremy told me “NO” he is too old. He stated that more than once even in front of HR (Diane Abner) She stated to him that “I am going to act like I didn’t hear that”. And the both laughed about it. Jeremy selected other younger candidates that he hired. Company records will show that Zak Wise and Dalton Whitley were hired. Jeremy stated that he liked the younger applicants because they can be sent out on the road for weeks at a time, and the older married guys would not agree to being on the road for such a lengthy time.
Wednesday July 26th 2017 Alvin Pacetti was leaving for an assigned job when I stopped him from trying to leave with the job folder, I asked him “Why are you taking my job folder”? His response was “I need the contact name and address of the job that I am fixing to go to”. I then stated that You are not supposed to remove my job folders from the office”. He then stated how am I supposed to know where to go and who to call?”. I stated that I would email him the information and then emailed the information to his email address. ProAct policy for Tech III is to have a working knowledge of Iphone/Ipad in order to document the job properly through the use of Google Maps/DropBox/Excel/Notes/ETC. Alvin Pacetti was promoted to Tech III and had improper documentation issues constantly prior to being promoted.

Thursday July 27th, 2017 – No issues or problems
Friday July 28, 2017 Alvin Pacetti has removed my job folder I had multiple documents in my hand that needed to placed into the folder but could not.
I emailed my direct supervisor (Jeremy J Strand) and copied his supervisor (Ed Carter) and HR (Diana Abner) on the issue that I was having with Walter Alvin Pacetti whom was constantly removing my work folders from the office and either losing the folder, Or the information that belonged into the folder.
After receiving the email that I had written, my Supervisor (Jeremy Strand) called me up on the phone and screaming and cursing "If you ever write another email about me or my staff, (I WILL F***** FIRE YOU)! He then screamed to the point where his conversation was intelligible, I had asked for Jeremy to lower his voice in an effort to get him to calm down and he hung up.
I then composed an email to his supervisor (Ed Carter) and copied HR (Diane Abner) and Jeremy Strand on the email indicating what was just said to me by Jeremy Strand my direct supervisor. An email was then sent by Ed Carter his supervisor stating that was unacceptable and to stop communication with me immediately. I had responded to Ed Carters email and stated that I did not feel SAFE and had no other recourse but to leave for the rest of the day. Ed Carter response was “That will be Fine”. ( I would like to clarify why I had stated this, ‘Jeremy had been having a relationship with the shipping vendor and just went through a separation with Leanne his long time girlfriend. He has been drinking heavily to the point that when he exhales the Alcohol Fumes are VERY STRONG this has been going on for months. Jeremy also carries a pistol and drives a company vehicle).
Here is what ProActs Policy on FireArms
“The Company prohibits firearms within the workplace and on their property.
An employee may not possess a firearm or ammunition in a company-owned or company-leased vehicle where the employer prohibits such possession.”
Jeremy Strand has been driving a ProAct Company Vehicle since January 01, 2017

Monday July 31st 2017-Reported for work that day. Staff went about day to day operations like NO Problem existed.
Tuesday August 1, 2017- Staff went about day to day operations like NO Problem existed.
Wednesday August 2nd 2017- Staff went about day to day operations like NO Problem existed.
Thursday August 03rd 2017 -Meeting with my direct supervisor ( Jeremy Strand) His Supervisor (Ed Carter) and HR (Diane Abner). Was told by both Ed Carter and Diane Abner they did not understand why they had to travel all the way down here to Florida to handle a problem they felt should have been able to be resolved between us. Diane Abner stated that she still didn’t understand Why I felt threatened. Asked me if Jeremy ever raised his voice, I stated to the other guys but not me, “I have never done anything for Jeremy to yell at me”.
They both agreed that the way that Jeremy Strand reacted did not adhere to company policy. Jeremy’s position is the operations manager of the south eastern region USA. I have been having issues with Jeremy responding to Emails and my text, I would call him he would not answer, It is very difficult to get information to get my job completed when my direct supervisor will not communicate. When I had asked Jeremy if he had his Gun on him his answer was “Not Today”. I had revealed all of this information to Diane Abner when I spoke with her on Friday July 28th 2017. When I had questioned Diane Abner what the companies policy on Fire Arms on company property her response was “She Didn’t Know.
I find it very hard to believe the HR does not know a policy that HR is responsible for creating.

Excerpt from Proact Employee Handbook

Workplace Violence Prevention Policy
As stated above, the Company is committed to the safety and security of our employees, therefore a “zero tolerance” policy has been adopted. Workplace violence presents a serious occupational safety hazard to our organization, staff, and clients.
Workplace violence includes any physical assault or act of aggressive behavior occurring where an employee performs any work-related duty in the course of his or her employment including but not limited to an attempt or threat, whether verbal or physical, to inflict physical injury upon an
employee; any intentional display of force or harassment which would give an employee reason to fear or expect bodily harm; intentional and wrongful physical contact with a person without his or her consent that entails some injury; or stalking an employee with the intent of causing fear of material harm to the physical safety and health of such employee when such stalking has arisen
through and in the course of employment.

Acts of violence by or against any of our employees where any work-related duty is performed will be thoroughly investigated and appropriate action will be taken, including involving law enforcement authorities when warranted. All employees are responsible for helping to create an environment of mutual respect for each other as well as clients and visitors, following all policies, procedures and practices, and for assisting in maintaining a safe and secure work
environment. (Have my numerous request to have my job folders remain in the office respected? )

HR Reference on BULLYING
Bullying is defined as repeated behavior that may be physical and or verbal which involves an imbalance of power causing the recipient of said behavior to feel upset, threatened, ashamed, afraid, embarrassed, and anxious. Bullying can occur between peers (co-workers), between a supervisor and an employee, between two supervisors, literally between any two or more people.

“(My job folders were removed from the office on numerous occasions, I would have to take more time to recreate the folder and hope that I did not miss any email, or phone notes about the job that would affect cost. This would make me feel upset and Anxious having to perform such a task for an accountant that closes every week is very time consuming and undermines my ability to concentrate on ensuring all accounts get billed in a timely manner.)”

Thursday August 03, 2017-Called Frank Smiddy C.E.O. and stated that there were some issues going on in the company that I would like to speak with him about the issue with Alvin Pacetti and how it caused an email to be sent to Jeremy Strand in turn called me up and cursed me out threatened to fire me if I had ever written another email about him or his staff. Frank stated that he would setup a meeting on Friday August 04, 2017




Friday August 04, 2017-Meeting with Ed Carter & Diane Abner (Frank Smiddy attended via Iphone) I was told by Diane Abner that I was being let go because of my performance.
117 Days after Signing my acceptance letter I was terminated for performance.
I had never had a performance review, how can I fix any performance issues? If no Performance issues were ever documented? According to the acceptance letter that I signed on April 04, 2017.
“You will be on a 120 day probationary period with a performance review at 90 days and again at 120 days. At the end of the probationary period it will be determined by both you and the company to continue as the Controller/Admin.”.

In 2016 I billed 4.5 Million for the Company and had no performance issues. It was only after reporting the incident to Corporate that I was made aware that I had a performance issue when they terminated me after disclosing the information detailed in this letter.

Excerpt from Company Manual
Supervisors' Responsibilities-Jeremy Strand
All managers are expected to ensure a work environment free from sexual and other harassment.
They are responsible for the application and communication of this policy within their work area. Managers should:
• Create a work environment where other harassment is not permitted
• Jeremy Strand did not create a work environment free of harassment from AlvinPacetti
• I have endured him taking my work materials out of the office for months and Jeremy did NOTHING to prevent it.
• His favoritism of Alvin Pacetti enabled Alvin to get away with Bullying me while my supervisor did nothing to prevent it.
• By not responding to my communication attempts via Phone,Email,Text that Jeremy undermined my ability to effectively get my job project (Moriarty Construction) completed, This is a project where Alvin Pacetti was on site.
• I had to be taken to the fire department by a co worker due to the stress and anxiety due to Jeremy not responding to my attempts at getting information regarding the Moriarty project. The fire department recommended that I would need to see my primary care physician
• I made an appointment with my primary and had several test performed
• Anxiety was the diagnosis
Excerpt from company manual on Substance Abuse
The Company recognizes alcohol and drug abuse as potential health, safety and security
problems. The Company expects all employees to assist in maintaining a work environment free from the effects of alcohol, drugs or other intoxicating substances. Compliance with this substance abuse policy is made a condition of employment, and violations of the policy may lead to discipline and/or discharge.
(Jeremy was not Discharged)
All employees are prohibited from engaging in the unlawful manufacture, possession, use, distribution or purchase of illicit drugs, alcohol or other intoxicants, as well as the misuse of prescription drugs on Company premises or at any time and any place during working hours. While we cannot control your behavior off the premises on your own time, we certainly encourage you to behave responsibly and appropriately at all times. All employees are required to report to their jobs in appropriate mental and physical condition, ready to work.

Human Resources Policies and Procedure Reference Library Administration Section

Document ID
ADM111 Title
FIREARMS & DANGEROUS WEAPONS Print Date
04/03/2017
Revision
0.0 Prepared By
DeAnne Fritts/HR Date Prepared
03/15/2017
Effective Date
04/03/2017 Reviewed By
Troy Kirkland/Safety Director Date Reviewed
03/24/2017
Approved By
David Morrow/COO Date Approved
03/28/2017

PURPOSE

The purpose of this policy is to establish clear and specific guidelines for ProAct
Services Corporation (hereinafter the “Company”) that will be followed relating to Firearms and Dangerous Weapons.

PROCEDURE

• The Company prohibits firearms within the workplace and on their property. However, the Company cannot prohibit an employee or guest with a valid concealed handgun license from transporting or storing a firearm and ammunition in his or her personal vehicle on the premises where the vehicle is permitted to be, such as a parking lot.
• If the individual is outside of the vehicle, the firearm and ammunition must be locked in a trunk, glove box, or other enclosed compartment within or on the vehicle.
• An employee may not possess a firearm or ammunition in a company-owned or company-leased vehicle where the employer prohibits such possession.

Enforcement
The HR department is responsible for policy interpretation, administration and enforcement.
________________________________________________________________________
Revision Date Description of Changes Requested By
0 04/03/2017 Initial Release





Company policy was violated and I the whistle blower paid the price:
• I lost my future raises in my pay that I will never receive
• I lost my 401K retirement package that I had invested in
• I lost my benefits; PTO, Medical, Dental & Life
• I lost my Dignity and Respect