Need urgent prayers

Discussion in 'The Watercooler' started by Californiablonde, Oct 3, 2016.

  1. Californiablonde

    Californiablonde Well-Known Member

    I posted on Facebook last week about some students coming to school drunk. I didn't name any names. I thought it was okay. My boss called me into his office and chewed me out royally. He actually had the evidence printed out. He even told me I could get sued for posting what I did. Apparently, I also posted something earlier in the year but my boss can't remember what it was. He told me I could get in trouble for both. I am friends with some of the teachers here. One of them ratted me out. I wish I know who it was. Anyway, I am scared for my job. As much as I hate it, I absolutely need it to keep and support my kids. I don't even know how much unemployment pays, or if I could even get unemployment for what I did. Please pray it all works out. I need a job!
  2. RN0441

    RN0441 100% better than I was but not at 100% yet

    If I were you I'd shut down your Facebook account for now.

    I only friend a few people from my work on FB and I NEVER post anything about work.

    Be careful!
  3. Californiablonde

    Californiablonde Well-Known Member

    Do you know if I could still collect unemployment if I get fired over this? My main concern is I will be stuck with no income and no place for us to live.
  4. pasajes4

    pasajes4 Well-Known Member

    It is possible that you could be denied unemployment. I would contact an attorney asap about this entire matter. If you have been posting on facebook or any other nonwork related sites during your hours of employment and on their computer that can be grounds for dismissal.
  5. recoveringenabler

    recoveringenabler Well-Known Member Staff Member

    Thinking of you and saying a prayer that this passes quickly.

    Here's some info about CA. and unemployment....

    Firing. If you are fired because you lacked the skills to perform the job or simply weren't a good fit, you should be able to collect benefits. If you are fired for misconduct, however, you will not be eligible for unemployment benefits. In California, misconduct makes you ineligible for unemployment benefits only if all four of these statements are true:

    • You owed a "material" duty to the employer. This means a duty that is properly part of the job (this can be, for example, showing up for work and performing your job duties).
    • You substantially breached that duty (in other words, you didn't perform the duty). A minor or one-time transgression isn't enough to disqualify you from receiving benefits.
    • Your breach of the duty showed a wanton or willful disregard for that duty. In other words, you weren't just careless or thoughtless but, instead, intentionally violated the duty or showed a reckless disregard for the consequences of your breach of the duty. Inefficiency, inability to perform the job, or good faith errors in judgment don't meet this standard and won't render you ineligible for unemployment benefits in California.
    • Your breach of the duty must tend to harm the employer's business interests.
  6. Californiablonde

    Californiablonde Well-Known Member

    I post everything from my phone. I don't ever go on Facebook on my work computer.
  7. RN0441

    RN0441 100% better than I was but not at 100% yet

    I think you should just try to stay calm and not jump to conclusions. You have anxiety and that cannot be good for you.

    This is really your first warning it sounds like.
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  8. pasajes4

    pasajes4 Well-Known Member

    I had to sign an agreement about using social media about any job related/ student related issues. I don't know if you have the same policy in your district.
  9. Californiablonde

    Californiablonde Well-Known Member

    We don't have a policy like that but it would be a good idea!
  10. JKF

    JKF Well-Known Member

    Ugh! That's tough. I always make it a point to never post on FB about work or anything that happens there. It's too easy for someone with malicious intent to use it against you even if you did it in a harmless manner. Hopefully everything works out CB! Sending prayers your way!
  11. AppleCori

    AppleCori Well-Known Member

    Did the principal say anything to make you think your job is on the line?

    Did you sign anything?
  12. Californiablonde

    Californiablonde Well-Known Member

    He didn't make me sign anything but he did say he was documenting the whole conversation. He also told me he has other evidence on a different post but he lost it. He told me he is going to try and find it, then he will confront me yet again. The only other posts I can think of is the time I posted about a student passing out and being knocked unconscious, and I asked everybody for prayers, and the other time when I posted about having a bad migraine all day at work. Whatever other evidence he may have against me, please pray he doesn't find it!
  13. RN0441

    RN0441 100% better than I was but not at 100% yet

    Did you disable your account? I would have done that immediately. You can reactivate it when this blows over and then I'd unfriend all work "friends".
  14. Californiablonde

    Californiablonde Well-Known Member

    I can't disable my account because I need my support groups, but I am blocking everybody I work with.
  15. susiestar

    susiestar Roll With It

    Which do you need more, your job or facebook? I really think it may come down to this. You can always open another facebook account under another name, a different version of your name, and join your online support groups under that name. Common sense says that feeding your children and keeping your home is the most important thing, isn't it?
  16. Lil

    Lil Well-Known Member

    You can delete that account and open another one maybe using your middle name or a nickname, and then rejoin your groups.
  17. Copabanana

    Copabanana Well-Known Member

    CB. There is (used to be) a loophole in the California Unemployment Code or there used to be. Eligibility is based upon your reason for leaving your last employment. Last employer can be even a day or a few hours. As long as it is a job--not self-employment or independent contractor, that short stint after you were to leave the school job which would be the one that determined your qualification. What would be important to the school is not that you are denied, but that their account not be charged.

    If the worst case happened, you would just look for a 1 day job and then when it ended, you would apply for unemployment insurance and put laid off lack of work, or job ended. You would not apply for unemployment insurance if you were justifiably fired or quit your job. Actually, no matter what the circumstances of your separation from this job I would try to use a subsequent employer as your last employer. These people will try to hassle you. They are doing it already.

    CB. I am going to be blunt here. You have hated this job for a long, long time. I remember last summer, 14 months or so ago you were dreading returning. It sounds like they want to end your tenure there. They are not happy either. The fact you need the job matters not at all to them. They will act to protect the school and themselves. You cannot blame them.

    I am saying this because it is time to make some decisions about what to do. Last year there were a couple of threads where you and others explored options. I think now is the time to re-read those threads and make some decisions and act now.

    I think your employers are trying to make a case to let you go. This process will only make it more difficult for you. It is time to take responsibility to create a next step. That is what I think.

    RE is correct in her post about, except the employer needs to prove misconduct. The burden of proof is on them. That is why the boss is searching for documentation of the other incident. But it can only count if you were counseled not to do it again.

    For this to count as a second incident, he would have to prove that he counseled warned you, or that somebody did tell not to use social media or disclose work related incidents. I think. If they did warn you on that first occasion and you persisted in doing the forbidden activity, they could well be able to deny your unemployment, but not forever. There would be a determinations hearing and the boss will have sent in their proof to make the case, and you would make yours. You could be denied for a set period of time, like 10 weeks or 6 weeks. (I worked for them years ago.) But I think there has to be signed proof that you were counseled, reprimanded on that first occasion for you to be held responsible.
    I would not post at all on FB, even blocking work colleagues. If I did I would open another account in another name. You do not know for sure it is a work colleague. It could be somebody else.

    CB. You have to make some choices here. If you continue to post on FB without knowing who it is who is the informant, you put yourself at risk. If you cannot stop because you cannot function without FB, even if you are at risk in your work, if it were me I would think about trying to apply for SSI.

    This is important so I will write it again: The denial of unemployment benefits because of being fired can be avoided if you just get a short-term job after you are fired, if indeed you will be. Of course all of this has to be verified (you can google it or look at the unemployment code and read about it yourself.)

    CB. I think it is time to look for other work or make another plan. This job is nearing the end, I think. I am sorry.
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  18. AppleCori

    AppleCori Well-Known Member

    There are a lot of hoops an employer must jump through in order to fire someone nowadays. That is why many companies utilize "downsizing" "restructuring" and "eliminating the position" in order to get rid of unwanted employees.

    A school would have a harder time doing this.

    I would look into what steps the employer must go through before he can fire someone. Educate yourself on your rights. Consider consulting a lawyer.

    I would be very careful about signing anything. They will likely give you time to think about it. Don't let yourself get bullied into doing something you are not sure about.

    The employer will most likely need to have a trail of documentation before he can fire you. They don't want lawsuits.

    I would also be careful about getting a temp. job if fired, as that could also result in nullifying your chances of getting unemployment. Again, educate yourself on this.

    You might also want to look into what you can do to upgrade your skills so that you can move on, maybe into a better position within the school system. This might be more urgent now, considering the circumstances.

    Hang on, this too, shall pass.

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  19. Californiablonde

    Californiablonde Well-Known Member

    I am looking for jobs online outside the school district. Either they are graveyard shifts, which I can't do, or they want proficiency in Word, Excel, And Microsoft. I will be looking into taking some in person courses to help me. My ex fiancé sent me tutorials on all of the major computer systems, but I couldn't understand any of it. It was like they were speaking Chinese. I need an actual in person teacher to show me what to do. Hopefully I can learn quick and find something else quick. I need a year round job anyway. I can no longer afford to take summers off. Perhaps this is a step in the right direction.
  20. Californiablonde

    Californiablonde Well-Known Member

    One last rant. Two things really burn me up. Number one, the person who reported me could have easily came up to me and told me they thought what I posted was inappropriate. I would have immediately taken it down. They did NOT have to go to my boss and put my job on the line. Number two, there are several teachers at my school who go on Facebook during class time and post about personal stuff. I could have easily reported them, but chose to do the right thing and mind my own business. This person did not have to try and ruin me.