Just found out I won my unemplyoment hiring

FUFred

Well-Known Member
I am not gonna get into the entire story, just look up my post about getting fired.
Long story short, I was fired for getting 3 warning letters in under a year, I was collecting unemployment until the clowns contested it. I retained a lawyer, gathered info, waited for what seemed like forever and and we got the hiring date. Get this, my old manger and some HR rep upon hearing I had legal representation, said its again company policy to be in the room and would have to leave. I was liek WTF. The judge said ok, you can go then. I told the judge my story, he asked me a lot of questions and we went back and forth for about 35 mins. He said being at "At Will State" they can fire me for whatever reason but to deny me unemployment based missing scanned packages, having lates and angry customer was not miscount. The judge ruled in my favor. Grated Fedex could appeal the ruling but my lawyer said seeing they walk out of the hiring it would be very difficult to get a new hiring. He thought Fedex left because they didn't want to be cross examined.
 

MAKAVELI

Well-Known Member
Grated Fedex could appeal the ruling but my lawyer said seeing they walk out of the hiring it would be very difficult to get a new hiring..

​???


congrats though
Maybe he had a few beers celebrating his win over the evil empire. I'd have a few too. Congrats FUFred! On another note, this goes to show everyone how empty these threats of firing for not making sph goals are. WAD is working and I love watching it in action.
 

FUFred

Well-Known Member
I agree my spelling and grammar usage was horrendous. It was to have stated I won my unemployment hearing. And yes, I was out celebrating the approval of my benefits.
 

Signature Only

Blue in Brown
Congrats.

FedEx and UPS management must have fallen out of identical black suns. Both companies could increase net earnings if they conducted themselves in a straight-forward, humane way with employees and customers.

A little integrity goes a long way.

But they just can't go straight.

So they go half-straight. And suffer from low morale, turnover, churning and lawsuits.

Half-Straights. Living as though they'll be around forever with no payment due for their actions.
 

Ricochet1a

Well-Known Member
To begin with, congratulations on getting what is due you. Many that are chewed up on Fred's plantation would NOT have put up a fight - so that in and of itself says a lot about you.

Let me see if I can help out with the below...

I am not gonna get into the entire story, just look up my post about getting fired.
Long story short, I was fired for getting 3 warning letters in under a year, I was collecting unemployment until the clowns contested it. I retained a lawyer, gathered info, waited for what seemed like forever and and we got the hiring date. Get this, my old manger and some HR rep upon hearing I had legal representation, said its again company policy to be in the room and would have to leave. I was liek WTF. The judge said ok, you can go then. I told the judge my story, he asked me a lot of questions and we went back and forth for about 35 mins. He said being at "At Will State" they can fire me for whatever reason but to deny me unemployment based missing scanned packages, having lates and angry customer was not miscount. The judge ruled in my favor. Grated Fedex could appeal the ruling but my lawyer said seeing they walk out of the hiring it would be very difficult to get a new hiring. He thought Fedex left because they didn't want to be cross examined.

I am not going to get into the details of the entire story surrounding my termination from Express; you can look up my previous posts regarding my getting fired.

To make a long story short, I was fired for receiving three Warning Letters within a year's period of time. I was collecting unemployment until the clowns contested my benefit. I went to the effort to retain an attorney, provided information as requested by my council and waited for what seemed close to forever, to get a resolution to the matter. Finally, the hearing date arrived.

Much to my surprise, my old manager and HR representative were present at the hearing. When they realized that I had legal representation, they stated that I'd have to leave the room. I was severely taken aback by their assertion... The administrative law judge agreed with the opposing side's request and asked me to momentarily leave the hearing room. After being summoned back, I gave my testimony with the judge making numerous inquiries and my testimony lasted approximately 35 minutes.

After hearing both side's claims, the judge stated that being in a "At Will State", an employer can fire an employee for whatever reason they choose; but to deny someone so fired unemployment based upon the allegations of missing package scans, having late package deliveries and being confronted by an angry customer, were not sufficient enough to prove misconduct on my part. Upon that, the judge ruled in my favor and denied Express' petition to have my unemployment benefit terminated.

My council informed me that FedEx could appeal the ruling of the administrative hearing, but since the FedEx council declined to be cross examined after my testimony, it would be extremely difficult for them to appeal for a new hearing.


The poster is to be congratulated for making a stand against Fred and getting what is due him. I thought that cleaning up the grammar and narrative might be helpful to some.
 

DontThrowPackages

Well-Known Member
I find it very interesting that they asked the defendant to leave the courtroom/room. I wonder what company secrets were said that they didn't want him to hear? Also nice to know trying to do your job to the best of "your" ability isn't grounds for Misconduct.
 

Ricochet1a

Well-Known Member
I find it very interesting that they asked the defendant to leave the courtroom/room. I wonder what company secrets were said that they didn't want him to hear?

Most likely the equivalent of 'chambers' for a trial (what happened here wasn't a trial, merely a proceeding). The FedEx 'team' most likely thought that our OP wouldn't retain council, so they probably came into the proceeding thinking they could 'steamroller' the OP and walk out with their appeal approved in half an hour's time.

I'm sure when they learned the OP retained council, they crapped a few little green apples and FedEx's council requested the equivalent of 'chambers' to have a discussion with the administrative law judge in the absence of the OP. I'm sure the OP's manager and HR rep were also asked to 'excuse themselves' so that the judge could have a conversation with just the two opposing councils present.

Once the FedEx council's OBVIOUS attempt to obtain a delay from the administrative law judge failed (I'm sure FedEx's lawyer didn't come prepared to face opposing legal council), they 'tap danced' through the proceeding as best they could. The OP's council earned his pay and obviously shot enough holes into FedEx's assertion, that the administrative law judge didn't buy it - our OP got his unemployment affirmed.

Classic FedEx legal style in practice - they will vigorously defend FedEx up to and until they realize they will lose - then walk out and either make a settlement or not contest an existing penalty.
 

bbsam

Moderator
Staff member
What you call, "classic Fedex legal style" makes perfect sense. In fact, any other strategy would be wasteful and fruitless and.silly.
 

FUFred

Well-Known Member
Most likely the equivalent of 'chambers' for a trial (what happened here wasn't a trial, merely a proceeding). The FedEx 'team' most likely thought that our OP wouldn't retain council, so they probably came into the proceeding thinking they could 'steamroller' the OP and walk out with their appeal approved in half an hour's time.

I'm sure when they learned the OP retained council, they crapped a few little green apples and FedEx's council requested the equivalent of 'chambers' to have a discussion with the administrative law judge in the absence of the OP. I'm sure the OP's manager and HR rep were also asked to 'excuse themselves' so that the judge could have a conversation with just the two opposing councils present.

Once the FedEx council's OBVIOUS attempt to obtain a delay from the administrative law judge failed (I'm sure FedEx's lawyer didn't come prepared to face opposing legal council), they 'tap danced' through the proceeding as best they could. The OP's council earned his pay and obviously shot enough holes into FedEx's assertion, that the administrative law judge didn't buy it - our OP got his unemployment affirmed.

Classic FedEx legal style in practice - they will vigorously defend FedEx up to and until they realize they will lose - then walk out and either make a settlement or not contest an existing penalty.

You have most certainly hit the nail on the head. I love it.
 
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