Appealing a dismissal

J

jsmith123

New Member
Jurisdiction
Washington
I sent my former employer a letter stating that I am appealing my dismissal, and they responded back with an agreement to meet at a specified day to be determined. Looking for any advice or thoughts on this issue because I have not gone through an appeal process before in my career.
 
I've requested that this thread be combined with your original thread on the topic located at Employer behavior

Please post additional questions about the topic on your original thread.
 
The other thread got out of hand thanks to some responders who will remain nameless and blameless. LOL.

Dismissal treated as new topic.

Those who desire to may peruse the other thread for background.
 
jsmith123 said:
I sent my former employer a letter stating that I am appealing my dismissal
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What exactly does that mean? Does your employer have some sort of mechanism set up whereby it will hear "appeals" by terminated employees? If so, please describe the mechanism.


jsmith123 said:
they responded back with an agreement to meet at a specified day to be determined.
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Well...which is it? A specified day? Or a day to be determined? It can't be both.


jsmith123 said:
Looking for any advice or thoughts on this issue because I have not gone through an appeal process before in my career.
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Your post doesn't appear to raise any legal issue.

Did you have a contract of employment with your employer? If so, what are the relevant terms?

Are you a member of a labor union with which your employer has a collective bargaining agreement? If so, do you contend that your employer didn't follow the appropriate procedures when it fired you?

Why were you fired?

On what basis are you "appealing" the termination?

If you want "advice,"* you're going to need to provide the relevant facts and circumstances.

* - As concerns legal advice, please review the disclaimer that appears at the bottom of every page at this site.
 
jsmith123 said:
I sent my former employer a letter stating that I am appealing my dismissal, and they responded back with an agreement to meet at a specified day to be determined. Looking for any advice or thoughts on this issue because I have not gone through an appeal process before in my career.
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I am assuming that your former employer is not a government agency and that you were not a member of a union that has an appeal process in its collective bargaining agreement (CBA). If my assumption is correct, then the employer doesn't have to offer an appeal process at all, and the appeal it offers can be set up in a nearly endless variety of ways. Since I don't know the details of your former employer's appeal process and what sort of arguments company officials might find compelling there's not anything I can tell you other than to be very familiar with the facts, know what you want to present well so you don't stumble too much in presenting your side of the matter, and be ready with any rebuttal you have concerning the reason the company told you was the reason for your termination.
 
Tax Counsel said:
I am assuming that your former employer is not a government agency and that you were not a member of a union that has an appeal process in its collective bargaining agreement (CBA). If my assumption is correct, then the employer doesn't have to offer an appeal process at all, and the appeal it offers can be set up in a nearly endless variety of ways. Since I don't know the details of your former employer's appeal process and what sort of arguments company officials might find compelling there's not anything I can tell you other than to be very familiar with the facts, know what you want to present well so you don't stumble too much in presenting your side of the matter, and be ready with any rebuttal you have concerning the reason the company told you was the reason for your termination.
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I have a lot of facts I can present to the committee (ie they are not a govt agency and I am not a part of a union with a CBA), so this is a larger privately held company that offers financial services to its clients. My question and thought foremost is an "appeal" just a mere formality to make the company seem like they are performing due diligence but there is little substance behind the appeal process? I just get a feeling, and of course, I could be wrong, but is this process going to be a lot of "he said-she said?"

In my defense, I do have evidence through emails, other written documents and just being present at work everyday to witness the actions and behaviors of management and co-workers. I have clear, (multiple) examples of what I may consider to be a compelling argument to rescind or modify the termination, but who knows if the appeal committee would even consider what I have to say since I was a staff level employee, who has worked at the company for only a year? And the people in upper management have been there multiple years and work with the appeal committee members on a regular basis, I am assuming?

I am wanting feedback because I honestly have no idea what to expect in a meeting, or if the committee members can truly hold an objective opinion?

Thanks for your help in this matter.
 
The problem is, few employer even allow appeals of terminations outside of a union setting. I've been in HR for over 40 years and I've yet to hear of one. That you are even getting to appeal is enough of a rarity that no one here has any kind of an idea what to expect; this is just not something that happens often. I would be willing to bet that no one here has ever been through an appeal of a termination; we have no idea what to tell you to expect and we obviously have no idea how objective they will be.
 
jsmith123 said:
I am wanting feedback because I honestly have no idea what to expect in a meeting, or if the committee members can truly hold an objective opinion?
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What makes you think you will get a meeting when they give you 7 days to submit your appeal in writing? Did they say so when they responded to your appeal letter? And how were you terminated, by letter, in person, email, phone call, what? You never said and you didn't say if they gave you any express reason for the termination. Was it a layoff or were you terminated for cause? Finical services encompass many things, and you didn't tell us if your job was one of making judgments, or accounting, or banking, or investing.

Do you know what the idiom to beat a dead horse means? It means to waste effort on something when there is no chance of succeeding.

You were with this company for less than a year and you may have been the best employee in the company. But someone with authority, for whatever reason, wanted you gone. It happens thousands of times every day in this country. And what most people do is move on, file for unemployment and find a new job.

You did not do yourself any favors by filing that appeal. I would not be surprised if you get a denial letter or email saying just that. But now it's on your employee record and depending on what your written appeal says, might be available to other potential employers. I hope you didn't point fingers.

Good luck.
 
welkin said:
What makes you think you will get a meeting when they give you 7 days to submit your appeal in writing? Did they say so when they responded to your appeal letter? And how were you terminated, by letter, in person, email, phone call, what? You never said and you didn't say if they gave you any express reason for the termination. Was it a layoff or were you terminated for cause? Finical services encompass many things, and you didn't tell us if your job was one of making judgments, or accounting, or banking, or investing.

Do you know what the idiom to beat a dead horse means? It means to waste effort on something when there is no chance of succeeding.

You were with this company for less than a year and you may have been the best employee in the company. But someone with authority, for whatever reason, wanted you gone. It happens thousands of times every day in this country. And what most people do is move on, file for unemployment and find a new job.

You did not do yourself any favors by filing that appeal. I would not be surprised if you get a denial letter or email saying just that. But now it's on your employee record and depending on what your written appeal says, might be available to other potential employers. I hope you didn't point fingers.

Good luck.
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There is an Appeal A Discharge Procedure, that states Upon receipt of the notice, employer will schedule a meeting with the employee and employee representative (if chosen). The meeting will take place within twenty calendar days of the date notice of the appeal.
 
jsmith123 said:
There is an Appeal A Discharge Procedure, that states Upon receipt of the notice, employer will schedule a meeting with the employee and employee representative (if chosen). The meeting will take place within twenty calendar days of the date notice of the appeal.
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Yours is not a question that this forum can advise you on beyond telling you to dress nicely be polite, and be concise without overloading them with unnecessary details.
 
jsmith123 said:
this is a larger privately held company that offers financial services to its clients. My question and thought foremost is an "appeal" just a mere formality to make the company seem like they are performing due diligence but there is little substance behind the appeal process?
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You ignored my prior response - particularly, this question: "Does your employer have some sort of mechanism set up whereby it will hear "appeals" by terminated employees? If so, please describe the mechanism."

Please answer the question.

As "Tax_Counsel" elaborated: Private, non-union employers typically don't "offer an appeal process at all." If such an employer offers an appeal process, "the appeal it offers can be set up in a nearly endless variety of ways. Since [no one here knows] the details of your former employer's appeal process" (because you ignored my inquiry in this regard), "there's not anything [anyone here] can tell you other than to be very familiar with the facts, know what you want to present well so you don't stumble too much in presenting your side of the matter, and be ready with any rebuttal you have concerning the reason the company told you was the reason for your termination."


jsmith123 said:
There is an Appeal A Discharge Procedure
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Are you thinking folks here are familiar with this procedure?
 
zddoodah said:
You ignored my prior response - particularly, this question: "Does your employer have some sort of mechanism set up whereby it will hear "appeals" by terminated employees? If so, please describe the mechanism."

Please answer the question.

As "Tax_Counsel" elaborated: Private, non-union employers typically don't "offer an appeal process at all." If such an employer offers an appeal process, "the appeal it offers can be set up in a nearly endless variety of ways. Since [no one here knows] the details of your former employer's appeal process" (because you ignored my inquiry in this regard), "there's not anything [anyone here] can tell you other than to be very familiar with the facts, know what you want to present well so you don't stumble too much in presenting your side of the matter, and be ready with any rebuttal you have concerning the reason the company told you was the reason for your termination."




Are you thinking folks here are familiar with this procedure?
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Can you elaborate on mechanism? I do not understand what you mean by that word.
 
zddoodah said:
I'm asking you to describe how your former employer's "appeal" process works.
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At the meeting, the employee may present information the employee believes employer should consider regarding the decision to end the employment and the reasons why the employee believes the decision should be modified or rescinded.

Is this what you meant by mechanism?
 
Ok...to get back to my original response, your post doesn't appear to raise any legal issue.

If this is nothing more than a meeting where they hear you out, then the only advice anyone here can really offer you is that you should be prepared on all the relevant facts. We have no way of knowing what, if anything, they might consider that would make them change their minds. TBH (and I'll defer to CBG on this), anything they might consider in an "appeal" ought to have been considered BEFORE they fired you.

Anyhoo...since there's no legal issue here, I'm out.
 
jsmith123 said:
There is an Appeal A Discharge Procedure, that states Upon receipt of the notice, employer will schedule a meeting with the employee and employee representative (if chosen). The meeting will take place within twenty calendar days of the date notice of the appeal.
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I've been curious about something since your other thread and I don't recall you addressing it.

I signed an employment agreement for another fiscal year, I have a copy of the signed employment agreement for my own records, and its a standard agreement that has no probationary period, and an employee would be terminated if employee violates the terms in the employee manual. It also specifies vacation leave, sick leave, cont. education, holidays, etc all according to the terms of the manual and it specifies the date of my employment period, which is July 1, 2024 to June 30, 2025.

I work in accounting for cpa firm, my title is senior accountant. I worked with a smaller cpa firm for a year then that small firm merged with a bigger firm. I have been with bigger cpa firm for a year.

The employment agreement specifies the dates of the contract, ie from July 1, 2024 to June 30, 2025, but does not specifically guarantee employment but does specify that if the employee manual terms are violated, then you lose the job.

I was dismissed from my work today (8/7/2024).
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Has your employer, in any way, breached any of the terms and conditions of the "contract" by terminating your employment?
 
adjusterjack said:
I've been curious about something since your other thread and I don't recall you addressing it.



Has your employer, in any way, breached any of the terms and conditions of the "contract" by terminating your employment?
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I do not know the answer to that question. I have been trying to reach an attorney to address multiple questions regarding this process.
 

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