how can i appeal a wilful misconduct decision?

I worked in a doctors office for 4 years. i was asked to go into a meeting with supervisor and manager and was being accused of padding my time card by talking to another medical provider on the clock after hours. I got angry and did swear (at the situation - not at anyone). the next time i worked, the doctor fired me as soon as she came in. i worked 8:30-4:30. and the medical provider i was accused of talking to only works mondays, wednesdays, and fridays. for several months i had been going to school mondays and wednesdays and needed to leave work promptly in order to make it to classes on time. On Fridays, i needed to watch my grandson at 4:30 so my daugher could make it to her job on time. as soon as this happened i called the provider i was accused of talking to and she said thats crazy, she said that if she started talking to me i would excuse myself and go punch out, and when i did go in to say goodbye she said i usually left with a couple charts that needed attention. well, the doctor had everyone write notes to labor board but she did not let them include any info that was not going to help her case. for instance she had one letter from a former co worker that stated i was in this providers office and she asked me if i wanted to be punched out, i said yes, but no where in that letter does it indicate that i also had charts that patients needed to be called. everyone is afraid to go against her and told me they did not have a choice but to write the letters and they are very sorry. i have a text message from a past co worker stating that they had to keep rewriting their letters to suit the doctors approval. i was also accused of talking to my husband for 20 min. in waiting room also untrue. another co worker stopped by my house and stated right in front of my husband that she does not know where the doctor got that idea. she said i only spoke to my husband for 3 min. and came right back into the office. the doctor said i was being fired for my conduct during meeting. i advised that was because i was being falsely accused of just sitting and chatting but i was never able to finish a sentence and she would not let me talk. no one in the office has had a review or raise in 3 years. it was never a good time, and the doctor was aware that i was looking to have a review with possible raise. i just so happens that it was arranged before my meeting to have a student work in the office for free for 6 weeks in june and someone else going to work again for free in about a month. so it seems funny that i was falsely accused and fired because i was angry - now she does not have to pay me or the 4 months of free help from the students. also a half hour after the meeting i went back to talk to my manager and asked for my time cards so i could discuss them with the doctor and the manager said she would get them to me, but had me go get the time card from the week before and looked at it and stated she did not know what the doctor was talking about because i did not punch out any later than 4:34 that week. she also stated to me that the doctor wanted her to speak with me the week before but the manager said she did not because she said she felt there was not an issue and did not feel it was warranted. also i have never been spoken to or written up regarding any of this. as far as swearing during the meeting, it just so happens that out of 8 employees i have never heard 2 of them swear. the manager has a very bad mouth and gives it up for lent (i know this sounds crazy) a co worker and myself made her a potty mouth jar which everyone was aware of she would on some days walk in and take out her wallet saying she already knew what kind of day it was going to be and threw some bills into the jar. also on top of all this, a week before this meeting i was punched out and ready to leave and my cell phone rang, it was my supervisor asking me to punch her out because she left the office and forgot to. i was denied unemployment compensation on "wilful misconduct". i have filed an appeal, but to have any witnesses on my side there is no chance. they are afraid. they all still call me and text me and state how much they miss me. the provider that i am accused of talking to said everyone has been touched by this whole incident - she has given me a wonderful reference. we are very close and have even seen each other outside the office, but she is even afraid to be my witness. do i have a chance on my appeal?

1 answer  |  asked Jul 9, 2010 06:09 AM [EST]  |  applies to Connecticut

Answers (1)

Richard Hayber
If your outburst was not wilful, meaning premeditated, and instead was simply done in the heat of the moment, you may be able to reverse this decision on appeal.

posted by Richard Hayber  |  Jul 9, 2010 06:12 AM [EST]

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