Legal Question in Employment Law in Pennsylvania
I was recently terminated from my job for insubordination. The situation occured when I was asked to stop performing one task and to do another. As a trainer on my job it was part of our job to assist the managers in running of the business. So I explained to my manager what I was doing at the time. I also explained that there were others taking care of the task that he asked me to do. He continued to scream at me and repeated he didn't care what I was doing but to just do what was told. So I stopped and began to perform the job that he asked. Before I could even begin he stopped me in my tracks pulled me into his office screamed at me and told me to go home. I was called in 2 days later for a meeting where I was told I was being fired for insubordination and refusing to leave his place of business. I made a complaint with his manager as well with the HR department but they both agree with the decision. I have since been denied unemployment but I also have filed an appeal and awaiting results from that. On this job I was repeatedly picked on by this manager some times playful but other times not. I have witness accounts from other employees about the incident as well that can vouch on the managers many attempts to make jokes about me. Do I have any other action I can take or is this a losing battle?
1 Answer from Attorneys
Based upon your description, I think it is very likely you would be successful before a referee. He will only be interested in the terminating event, not your past behavior or your employer's past behavior.
The burden of proof is on your employer to prove that you were insubordinate. If the your employer agrees with your rendition of the facts, or the referee finds your rendition to be more credible, your conduct was not insubordinate.
Your manager will have to show up to the hearing. If a different employer representative shows up at the hearing, and tries to tell the referee what the manager told them, object to that as "hearsay" - use Google Scholar to find a case called "Walker v. UCBR" (If you can't find it, feel free to email me and I will send you a copy). That case states that the employer cannot rely on uncorroborated hearsay to meet its burden of proof.
Better yet, find a lawyer to represent you. Under the PA UC Act, they can charge as much as 10% of the benefits you could receive, but many will charge you far less than that. I know it is hard to afford a lawyer when you just lost your job. But in this case, it looks like it will be money well spent. Good luck.
P.S. - Just being "picked on" does not give you the grounds for a different kind of claim.
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