My unemployment got denied for insubordination, do i have a case for appeal?

i worked for an optometrist in NV. Things the manager did on a daily basis: fart in my face,told me that he felt sorry for husband for having to live with me, called me stupid, forced his religion on me.
The event that lead up to firing: i made a mistake and scheduled a patient as a new patient instead of existing,

i worked for an optometrist in NV. Things the manager did on a daily basis: fart in my face,told me that he felt sorry for husband for having to live with me, called me stupid, forced his religion on me.
The event that lead up to firing: i made a mistake and scheduled a patient as a new patient instead of existing, she had a hyphenated last name and i couldnt find her in the system. when she came in, we realized the mistake and a coworker helped me fix it.
conversation:
Man: when were you gonna tell me about this?
Me:well, we fixed it, I didnt think it was that big a deal
Manager starts to lecture me on what if's, what if she has glaucoma etc.. "do you understand now?"
Me: yes, but what i dont understand is why im the only one who gets in trouble, when the supervisor did the same thing last week?
Man:DO I NEED TO REPEAT MYSELF?
i could feel myself starting to tear up, so i turned back toward my desk, and he gets in my face and says "HEY, IM NOT DONE TALKING TO YOU!" and i said, "so talk" then he sent me home.i was so upset. i vented on facebook (stupid i know) about how much bs is was that i got sent home for something so stupid.i deleted it shortly thereafter. next day i went to work and he said "this isnt working out, i have never fired someone for a mistake, but you have a shitty attitude too." and now my unemployment is getting denied, due to him saying its about the fb post. so do i have an appeal case with all the crap i have dealt with? thanks!

Best Answer:

HEATHER P: You did work for a jerk, and due to the FB posting, have lost your job. It is not uncommon that employers look at employees FB pages, or even for new hires. Or they look when an employee calls in sick, only to find that they got wasted the night before, thus have a hangover. Lawyers will look at them, when they have a divorced spouse that claims has no money/broke, but see they took a nice vacation or bought a new car etc.

Now if you had just called some close friends, or wrote an email of your frustration, would have remained private, and not posted on the WWW where guess what (how many) friends you have can see.

I suggest you appeal. My daughter back in 2007 lost her job for insubordination that was way worst than what you posted here. Just like you, it happened 1 day by accident, that she "lost her mind" due to that day/moment and got fired. What I told her to do, was sit down calmly and list all the things you did, all the compliments, raises, that are in your favor. Then you also try to remember all the "crap" that this manager did to you, which includes the farting, calling you stupid, forcing his religion on you, and stating he felt sorry for your husband living with you. I am sure there are more, that you forgot. These are personal, and that alone over time, can build up and cause you to lose your self control. You will need to list your duties, and also the problems you might get, or that other workers have had the same problems, but not being a target like you. On this, you got to tread lightly, but you need to address. When my daughter was done, she had typed out 6 pages, and guess what she did collect unemployment, since by taking time to sit through calmly and listing everything, put the 1 time of insubordination in prospective.

Now, this is something else you need to consider and verify. Was this the only time you posted on FB, or in the past maybe 4 months ago, or a year ago posted something negative about your manager? If so, then can used those also.

Did your employer have any other employees quit or fired that he treated as badly as you.

Odds are you will lose, especially with the FB post, but you have nothing to lose by appealing and listing any evidence in your favor.

Other answer:

HEATHER P:
It's reasonably hard for an employer to defend an appeal. It's worth a shot.
KaleyK:
Based on what you have written … you do not have much case for an appeal. You might consider appealing it anyway, you never know …. I've seen some incredible stuff happen with appeals.
JJ:
No, but you may still fight it he may be required to show in person to challenge your appeal with any luck he will be too busy now that he fired you to show up!
Brown:
Am Brown from Ohio USA and i want to say a very big thanks to Helen Kent for helping me get a loan and i will be forever grateful to her and i will like you all who is looking for loan to contact her via email: helenkent71@gmail.com
tro:
unless there is some way you can prove all these abuses it is a matter of 'he said, she said' and unfortunately the employer generally gets the vote
Casey Y:
You can try, but your appeal can and should be denied.
realtor.sailor:
Another example why people shouldn't use social media.
Jack:
Dk
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