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Subject:  Re: UI chargeback issue Date:  1/17/2013  3:13 PM
Author:  legalwordwarrior Number:  49049 of 49684


Why on earth would the company have hired someone with zero experience for such a job? It's my understanding that machinist work can be pretty technical and requires significant skill. At least if the hourly wage we paid ours from my former job is any indication.

Overall, I don't think your friend is in any danger. TWC was looking for evidence of misconduct. Being fired for being inept or incompetent at your job is not the same thing as willful misconduct.

I guess the big question would be whether his possible (though apparently not yet diagnosed) BP2 could have a bearing on how he did his job. I'm finding that one a bit hard to swallow. An improved mood with meds doesn't equate into improved productivity. If he couldn't do the job correctly before, there's no reason to think that he would be able to while medicated. The only possible advantage could be that he might be able to swing the issue into his being part of a Federally protected class (disabled).

The company hired someone with better skills as his replacement, which they should. Their UI premiums will also probably go up, but that's te cost of doing business and not hiring wisely the first time. I don't think there's anything in what you wrote that would prevent your friend from getting his UI.

That said, if I got fired for incompetence, I wouldn't request a recommendation from the employer who fired me.

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