NationStates Jolt Archive


Letter of Appeal

Doujin
15-12-2005, 06:54
Let me explain what this is real quick. This is a letter of appeal for my termination with the company that I work as a resident assistant for. While technically it wasn't a termination, as my employment papers haven't been completed (they require the drug test results before they can put me on the books at HR @ home office). There were some issues and I was totally surprised today when they informed me that I was not eligible for the position anymore due to these issues. I was told that if I wanted to, I could write a letter of appeal but if it would convince the management @ home office differently I don't know. I edited out all the last names of the people involved and the names of the management firm, the development firm, a vendor, and anything else that can be traceable to the actually company. I respect the management company and I respect the property that I'm at now, and have no wish for bad publicity or remarks to come against them. I just want my job, even if it means they take my stipend for 6 months + (I can't afford rent, but I can get groceries from other sources for free). My position alloted me free housing.

So yeah, anything major I should change? This is my first appeal... :-\

-----------------------------------

December 14, 2005
Attention: Managing Director
Student Housing Residence at my school here
Management firm that runs said student housing
100 Xxxxxxxx Lane
Illinois


To Whom It May Concern:
I am submitting this to the office of the acting Managing Director, Christina , of <Student Housing Complex> in response to our meeting on this day at approximately 2:30 PM. I would like to thank you for taking the time to read and consider my letter. As you may know, I have been notified that I am no longer eligible for employment with <Management Firm>, LLC (<MANAGEMENT FIRM>). There were a few reasons given for this decision, most importantly being issues of confidentiality and my presence at the clubhouse after hours.

I believe that a mistake has been made in my case. I have been working in the office at <Student Housing Complex> since early November / late October. I have always performed the tasks assigned to me efficiently and with the desired results. As I’m sure you are aware, on Friday, December 2nd of 2005 I was informed by Bryan that I was chosen to be the next Resident Assistant to replace Allison who was leaving the company. At that time, I had a general understanding of the office procedures and how to perform the tasks assigned to me in the office. However, all my knowledge of procedures was something that I acquired via observation and various questions that I had asked Nesha . Neither Nesha nor Bryan has trained me in any aspects of the work that I have been doing in the office or working as a Resident Assistant outside of the office, and Bryan neglected to give me the <Management Firm>‘s Employee Handbook which, if had happened, most likely would have prevented some of the issues that are currently barring my eligibility for employment. Prudence would dictate that as a representative of <MANAGEMENT FIRM> Bryan would have gave me all the necessary materials before I was to start performing the duties of a Resident Assistant, which commenced the week prior when Bryan had requested that I come in and open up the office during the week, with the exception of On-Duty responsibilities.

Until I met with Christina today, I was completely unaware that I was not following company policy regarding employee conduct. It was not my intention to violate the employee conduct and work rules of <MANAGEMENT FIRM>. For example, in regards to one of the issues about confidentiality I was not told not to discuss any of the information gained from or through my presence and / or work in the office. However I have, for the most part, been following the examples listed as confidential business information listed on page 10 of the <Development firm that owns the management firm> / <MANAGEMENT FIRM> Employee Handbook which I requested and received from Christina today.

The other issue over confidentiality is in regards to the resident Microsoft Excel database being on my computer. Throughout my time here performing tasks in the office, I have always checked and sometimes double checked to ensure that I was doing everything right and was not somehow doing something I was not supposed to do. This includes my putting the database on my Sony USB Mass Storage device and then subsequently my computer. Before I did this, I made sure that it was ok with Nesha as she was still the Assistant Director at the time and the person whom I had the most contact with in the office. When I approached Nesha about it, she shrugged it off and said that it was fine. Accustomed to this response as Nesha typically had a laid-back, non-caring response to pretty much everything, I proceeded to put the database on my computer and added a password to the database so that when it was opened it prompted the user, me, for a password.

The fact that the database has been on my computer has been nothing that I have concealed, as I actively used this when I brought my laptop to the office with me. Since my laptop is much faster than the computer in the front office, I had a preference to do things on my laptop. However, I didn’t start bringing it out frequently until the week of the 28th of November to the 2nd of December. Around December 8th or 9th, Jonathon had an issue with the database being on my computer. As Christina was still new, and unaware of Nesha’s previous approval, said that it probably wasn’t the best idea for me to have it on my laptop. I responded that it required a password to open, and nobody else but myself had access to that document due to the numerous password requirements to make use of my laptop.

Since that was the only time I recall anyone mentioning the fact that I had the database on my laptop, I shrugged it off as a non-issue since Christina didn’t have any more input on the subject. If I had known that it would have caused any problems whatsoever I would not have put the resident database on my computer. Since it was previously approved by Nesha, I believe that it isn’t so much an issue as it is a request to bring myself more inline with company policies regarding the accessibility of confidential data by its employees outside of the office.

There were other issues that were brought up in my meeting with Christina as well. More specifically the other issues were in regards to the fact that I have fallen asleep in the clubroom on more than one occasion. While my falling asleep really was not intentional, it still is and was inappropriate. This last occasion I was on my way home after working all night on various tasks, many related to <Student Housing Complex>. I put out notices informing residents of our holiday office hours and that <Furniture Vendor> will be entering their apartments with one of the office staff present to supervise to fix or modify the chairs currently in use by <SHComplex>. I also taped up the mailboxes that are currently not in use by residents so as to not waste flyers, newsletters, and various other notices by placing them in boxes where no resident will receive the information. I started this task approximately a week before, however I could not finish it as I was called upon to work on something at the time (which I cannot recall exactly what it was that I was asked to do). I also completed various small tasks that I had wanted to get done during the day but was not able to get them completed.

I did not go to the clubroom with the intention to fall asleep. My intent was to warm up in front of the fire before I left for my apartment to take a shower and get cleaned up for working in the office today. Since I had planned on exiting through the back door in the office, I left the office door open so that I didn’t have to go through the (admittedly small) hassle of unlocking it again. Unfortunately, after I sat down to relax my feet as I had been walking around and standing for quite awhile I had apparently fallen asleep. I awoke the next morning to Christina’s voice, and was actually a bit confused as to why I had fallen asleep there, since when I entered the clubroom I was wide awake. Fortunately it was close to the time when house cleaning and Lou came to the office, so the office wasn’t put too much risk with the door being open as it was. However, that is still a major issue that should not be overlooked and I will openly admit that. Once Christina told me of the mistake I had made in regards to the door, I had decided that I would always close the door behind me instead of leaving it open unless someone was present in the office and it was during business hours.

While as I have mentioned that I realized recently that falling asleep in the clubroom after hours is not really appropriate, in the beginning I did not think much of it because I was remember Matt discussing times when he slept in the office.

Since I have essentially covered all the issues brought to my attention, I will return to the biggest issue which is the one concerning confidentiality and give much more detail on that subject. On the Monday evening, I believe, I entered into a conversation on AOL Instant Messenger with Jennifer, who I had entered into friendly relations with. We discussed various things, and I asked some questions about herself as I wanted to know more about her. In my last conversation with Jennifer, we talked for approximately 30 minutes or more over various topics including, but not limited to: internet access, online massively multiplayer role-playing games, console game stations, her work experience as a webpage / multimedia designer, and her computer setup at home in which I inquired if it was ok for me to stop by one day soon to check out the way she had her computers setup. She agreed, and gave me her AIM address and I told her that I would send her a message next time I saw her on. The next day or two she went as far as to give me a quick ride down to Building 6 as I had run a resident the key to their apartment (Residents in 636 who had their ebolt lock switched to a regular deadbolt). That and other interactions with her led me to believe that we were friends on good terms. I inquired about her family, as I was interested in knowing more about her as she is a charming and intelligent individual whom I enjoy talking to, and mentioned a name that I had remembered from seeing somewhere, most likely from mail that has come through.

It was certainly not my intention to invade her privacy, and I did not realize that I was breaking confidentiality and non-disclosure policies of <MANAGEMENT FIRM>. And I absolutely would not have talked about her family history and such in the way that I had, I known that she was uncomfortable (which she did not appear to be during the conversation at all), or that I was using information from my memory that I was not appropriate for that use. My sole intent was to gain more information about this newly found friend and develop a more regular platonic relationship with her since we both have the same interests and side hobbies.

The other aspect of that conversation was a general statement about how I found passwords to various things around the office while performing other duties, and how I was going to report that to the Managing Director which would be Christina. Currently, I do not remember any of the passwords with the exception of one, but I do have a general idea of what they were to (MRI, possibly Bryan’s email account, an admin account so I believe a computer, something called LinkL (I’m not sure of the full name, I cannot remember). There were other things too, I believe, but I shredded that paper and decided to write a letter or email to Christina outlining the security issues that were now present considering that paper was visible to anyone that has been in Bryan’s office in the past. When I found it, however, it was after Bryan was no longer with the company therefore who may have seen the information I cannot say. I suggested that Christina change the password to pretty much everything as the passwords I found in general were stuff easily remembered and can be abused easily by the wrong persons should they manage to gain access to the office, and in some cases outside of the office.

While I realize in hindsight that what I said to Jennifer was not appropriate at all and was certainly against company policy, I was not aware of that at the time. It is my wish that I had gotten a copy of the Employee Handbook at a much earlier date in time, so I could have had exact knowledge of what was and wasn’t acceptable according to company policy in all aspects of the words, not just limited to confidentiality.

Taking everything into consideration, I realize that I have made mistakes that need to be addressed regardless of whether or not I was properly trained. I have enjoyed working here at <SHComplex> a lot, and appreciate what we do here – provide on-campus housing opportunities to those that typically wouldn’t be able to enjoy such opportunities due to community and junior colleges not having housing for their students. <SHComplex> provides a one-in-a-kind experience to the students / residents that live with us and those that come over for various events and tours. I want to continue and participate in giving our residents the best living experience we can provide while attempting to ensure that they have a sound academic environment to complete the necessary school work required of them.

As such, I propose that instead of alternatives to the actions that were decided upon by <MANAGEMENT FIRM>. These alternatives include, but are not limited to, probation, letters of warning / reprimand, reduction in monthly monetary stipend for an undecided amount of time and for an undecided amount, further training over Resident Assistant and other office duties.

I already have considerable knowledge of the staff, and a more than adequate knowledge of how the office is ran outside of the policies and procedures that I am now aware of from the Employee Handbook. Since I already have some experience here, I believe that clarification of certain Resident Assistant responsibilities and duties may be given and I can continue working with <MANAGEMENT FIRM> here at <SHComplex> as an RA, with any combination of the alternative disciplinary actions mentioned.


I also would like to add that in addition to my written statement provided in this appeal, I will provide references from people that have worked with me in the past in the HIV Prevention and Care Management field to show that I am capable of handling confidential data without disclosure to other parties.


In conclusion, I do not believe that I have been given an adequate opportunity to demonstrate the fullness of my abilities or skills to <SHComplex> and <MANAGEMENT FIRM>. Also considering that I was never given any training, or a <MANAGEMENT FIRM> Employee Handbook, and since I have not really received any notification that my performance or actions was poor until today, I believe that my termination is unfair for the reasons listed.

I would appreciate the opportunity to discuss my situation with Christina and Lori . I have enjoyed working with you both and hope to continue to work with you in the near and distant future.

Respectfully yours,
Michael Sievers
cc: Lori
Robin
Doujin
15-12-2005, 18:05
No one wants to say anything? :(
The Nazz
15-12-2005, 18:18
I only skimmed it, but here's what I'd suggest in a global-view sort of way.

Try to avoid passing blame off onto anyone else directly--one way to do that is to use the passive voice when you're talking about who failed you in your training or who gave permission to do things like put the database on your computer. This allows you to move responsibility away from yourself without looking like a whiner.

The other thing you have to do is make sure you say, in the most positive way possible, what the company has to gain by keeping you on. You're fighting an uphill battle here, because it's going to be easier for them to stick with their decision than it will be to change it, and companies tend to follow the path of least resistance. You have to resell yourself to them. Focus on what you can do rather than what you can't.
Keruvalia
15-12-2005, 18:19
It's too long. HR people generally can't read past a 3rd grade level.
Ashmoria
15-12-2005, 18:22
good luck

isnt there anyone you can speak to in person?
Doujin
15-12-2005, 18:47
It's not being read by HR.. the only people who can read it is the Managing Director and Regional Manager and both will be reading it.

There is a small staff at the student housing complex (3 now, since I'm not there at the moment).

Hrm
Kecibukia
15-12-2005, 18:51
It's not being read by HR.. the only people who can read it is the Managing Director and Regional Manager and both will be reading it.

There is a small staff at the student housing complex (3 now, since I'm not there at the moment).

Hrm

If it's small, it will depend on who's in favor at the moment most likely. If they prefer the individuals you named, you're screwed no matter what you say, if not, you might have a chance.

I got steamrolled out of a job after my boss blatantly lied on my evaluation and I was able to prove it.
The Nazz
15-12-2005, 18:51
It's not being read by HR.. the only people who can read it is the Managing Director and Regional Manager and both will be reading it.

There is a small staff at the student housing complex (3 now, since I'm not there at the moment).

Hrm
Keruvalia's still right, however, about the length. When I teach business writing, I tell my students that you're best off if you keep it on one page, but never more than two. Distill it down to the essence. The Director and the Manager are busy people who don't want to read your letter in the first place--you have to give them reasons to do so, so you have to get to the point and get rid of anything not absolutely essential. If it takes them more than five minutes to get through the letter, then you've probably lost them.
Smunkeeville
15-12-2005, 19:01
Keruvalia's still right, however, about the length. When I teach business writing, I tell my students that you're best off if you keep it on one page, but never more than two. Distill it down to the essence. The Director and the Manager are busy people who don't want to read your letter in the first place--you have to give them reasons to do so, so you have to get to the point and get rid of anything not absolutely essential. If it takes them more than five minutes to get through the letter, then you've probably lost them.
I agree completely, with this advice and the previous advice from Nazz.
Try to keep the tone of the letter positive and to the point. Blaming others (even if it was thier fault) comes off as whining, and they aren't going to be in a real chipper mood having to read this anyway. Try to make yourself sound the very best you can and be professional. 5 minutes is expecting a bit much on attention span, when I was in management I had maybe 3 minutes to get through stuff like this, so make sure you make all your good points as quickly as possible in case they don't read the whole thing. Let them know for sure that they can contact you with any questions or concerns.

I hope everything turns out well in the end.
Doujin
15-12-2005, 19:21
If it's small, it will depend on who's in favor at the moment most likely. If they prefer the individuals you named, you're screwed no matter what you say, if not, you might have a chance.

I got steamrolled out of a job after my boss blatantly lied on my evaluation and I was able to prove it.

They fired Nesha and Bryan over the past month and a half. That's how much they liked them.

And I really don't know how to turn this into a one or two page document. Maybe I could attach an overview page or something?
Tactical Grace
15-12-2005, 19:24
Cut out half, and it it fails, play the race card. Look up Judaism on Wiki if you're white. :p

(On a serious note, if what you wrote is accurate, why do you still want the job? I would never work for anyone who wouldn't back me up.)
The Nazz
15-12-2005, 19:25
They fired Nesha and Bryan over the past month and a half. That's how much they liked them.

And I really don't know how to turn this into a one or two page document. Maybe I could attach an overview page or something?
Leave out everything but the most pertinent details. If they have questions, they'll call you and ask you to come in to talk about it. That's another thing--at the end, ask for a chance to meet with them in person, and you may even suggest a time. The purpose of a letter like this is to get you in the door more than anything else, where you can plead your case in person.
Doujin
15-12-2005, 19:27
Cut out half, and it it fails, play the race card. Look up Judaism on Wiki if you're white. :p

(On a serious note, if what you wrote is accurate, why do you still want the job? I would never work for anyone who wouldn't back me up.)

I cannot afford rent and cannot afford moving out either because I'd be responsible for 150 dollars plus a minimum of 25% of all future rent payments for the remainder of my lease.

I enjoy the job. I really do like it. And Christina has always supported me in the past and has given the most assistance she can in her position.
Keruvalia
15-12-2005, 19:27
Cut out half, and it it fails, play the race card. Look up Judaism on Wiki if you're white. :p

ROFL! Now that's some cool advice.
Doujin
15-12-2005, 21:26
Ok, here is my new draft

-----------

December 15th, 2005
Attention: Managing Director
<SHComplex> / <Student Housing Foundation>
<Student Housing Management Firm>
IL
Dear Attention: Managing Director:

To Whom It May Concern:

Thank you for taking the time to read and consider my letter. As you may know, I have been notified that I am no longer eligible for employment with <Management Firm>. I was told that the reason for this decision was for confidentiality issues and involving the fact that I have stayed in the clubhouse after hours.

I believe that a mistake has been made in my case. I have been working in the office since October, and to my knowledge have always performed the tasks assigned to me efficiently and with the desired results. As I’m sure you are aware, I was informed by Bryan <Last Name> on December 2nd that I was chosen to become the new Resident Assistant, to replace Allison <Last Name> who was leaving the company. Up until this moment I have always done my best to do all that was asked of me, and have gone beyond that which was requested of me to ensure that everything was taken care of and that all parties were satisfied with the outcome.

Until I met with Christina <Last Name> and informed that I was not eligible for employment with <MANAGEMENT FIRM>, I as completely unaware of any mistakes or issues that I have made and have not been notified prior to that meeting that my actions or performance were poor and not up to company standards.
Many of the issues discussed during the meeting between Christina and I were issues that would not have been present had I been trained and given a copy of the <MANAGEMENT FIRM> Employee Handbook from the start of my working in the office. Prudence would dictate that I would have been given all of the necessary materials before I was to start performing any duties in the office. However, this was never the case. The only knowledge of policy or office responsibilities that I had was that which I had gathered through observance and asking questions, and I have typically asked the professional staff first if what I was doing was ok. Anything that I did not inquire about I did after observing the other Resident Assistants and established that the practices that they engaged in were acceptable and that I should follow their examples.

Taking everything into consideration, I realize that it is possible that mistakes have been made that need to be addressed regardless of whether or not I was properly trained. I have enjoyed working here at <SHComplex> a lot, and appreciate what we do here – provide on-campus housing opportunities for those that typically wouldn’t be able to enjoy such opportunities due to community and junior colleges not being able to provide housing for their students. <SHComplex> provides a one-in-a-kind experience to the students of <SCHOOL> and the residents that have chosen to live with us. I want to continue and participate in giving our residents the best living experience we can provide while attempting to ensure that they have a sound academic environment to complete the necessary school work required of them.

I already have considerable knowledge of the staff, and a more than adequate knowledge of how the office is ran outside of the policies and procedures that I am now aware of from the Employee Handbook. I already have a considerable knowledge of the staff at <SHComplex> and even staff at other <MANAGEMENT FIRM> properties, and am familiar with the way office duties are performed. I believe that I have a lot to offer <SHComplex> and <MANAGEMENT FIRM>, if given the chance. I am a hard working and dedicated individual who wants nothing more than to see the success of this operation. I am very flexible and able to grasp difficult concepts and theories easily, and I enjoy using my creativity to generate new ideas that will assist in bringing in new residents and retain the ones that we currently have. I take my commitments very seriously and am completely committed to doing the work that is asked of me. As a person, I am always extremely interested in self-improvement and growth in all aspects of my life.

As such, I propose instead alternatives to the actions that were decided upon by <MANAGEMENT FIRM>. These alternatives include, but are not limited to and can be any combination, probation, letters of warning/reprimand, reduction in monthly monetary stipend to an undecided amount for an undecided amount of time, further training over Resident Assistant and other office duties.

In conclusion, I do not believe that I have been given an adequate opportunity to demonstrate the fullness of my abilities and skills to <SHComplex> and <MANAGEMENT FIRM>. Considering that I was never given any training or the proper materials, and that until my meeting with Christina yesterday I have not received notification that my actions and/or performance was inadequate, I believe that due to these reasons my termination / ineligibility for hire is unfair. I can provide references as assurance that I am more than capable of performing my duties and being entrusted with the information that I would have access to from people that have worked with me currently and in the past in regards to my HIV Prevention and Care Management duties.

I would sincerely appreciate the opportunity to discuss my situation with Christina <Last Name> and Lori <Last Name>. I have enjoyed working with you both, and hope to continue to work with you and <MANAGEMENT FIRM> in the near and distant future.


Respectfully yours,
Michael Sievers
Doujin
15-12-2005, 21:58
Anyone have any further suggestions or changes that need to be made?
Tactical Grace
15-12-2005, 22:05
Remove third from bottom paragraph, read up on Judaism, and start looking for a new job. :(

You got fucked over man, they didn't issue full written guidelines when you started, then they fired you over procedural matters. It will cost them nothing to rotate a whole load of probationary employees without making a full employment contract. Sure, some people there may have been nice, but someone well and truly played you. Me, I'm a cynical guy, I'd say fuck it and not even feel a sense of betrayal. Life has its uncomfortable moments. Welcome to one.
Doujin
15-12-2005, 22:11
Remove third from bottom paragraph, read up on Judaism, and start looking for a new job. :(

You got fucked over man, they didn't issue full written guidelines when you started, then they fired you over procedural matters. It will cost them nothing to rotate a whole load of probationary employees without making a full employment contract. Sure, some people there may have been nice, but someone well and truly played you. Me, I'm a cynical guy, I'd say fuck it and not even feel a sense of betrayal. Life has its uncomfortable moments. Welcome to one.

I've tried looking for another job. I can't work on Sundays, and since I'll by busy during the week with school and such and since I don't have a car, I'm limited by what public transportation will do for me which isn't much.
Doujin
15-12-2005, 22:12
Remove third from bottom paragraph, read up on Judaism, and start looking for a new job. :(

You got fucked over man, they didn't issue full written guidelines when you started, then they fired you over procedural matters. It will cost them nothing to rotate a whole load of probationary employees without making a full employment contract. Sure, some people there may have been nice, but someone well and truly played you. Me, I'm a cynical guy, I'd say fuck it and not even feel a sense of betrayal. Life has its uncomfortable moments. Welcome to one.

Bryan, one of the guys that got fired, was responsible for giving me that information. Christina was surprised when I told her that I never got the employee handbook.
Tactical Grace
15-12-2005, 22:18
Well, take it as a learning experience. Next time, demand the Handbook.
Sarzonia
15-12-2005, 22:30
The best piece of advice I can pass on besides always insist on getting the manual is to document everything. From what I remember of our IC and OOC interactions in the past, you have an excellent memory; however, when your boss (?) didn't give you a concrete answer about loading the database to your laptop, it might have been a good idea to find out specifically in writing if she was approving your request. If she says yes and someone else makes an issue of it, then you can have that to back you up.

If the job is at will employment or if your state is an at will state, it sounds like you don't have much more than this appeal to go with, but if you're not in an at-will state, you may want to talk to someone who's well-versed in employment law. Explain the essentials of what you explained here and find out what your options are.

With the girl you were IMing, it just strikes me as strange that someone can make an issue of your asking "personal" questions if they never gave an indication they aren't comfortable talking about whatever you're bringing up.

One other thing: Talk to your local unemployment office and file for unemployment insurance. Your tax dollars pay for it and you're entitled to it as long as you follow your state's guidelines. In Maryland, they require you to make two job contacts per week and they require you to have evidence that you've made those two contacts, though I don't ever remember them checking when I was unemployed. I don't know if getting some money while you're waiting for another job will change your financial situation appreciably, but you might at least be able to improve your situation somewhat.
Doujin
15-12-2005, 22:40
The best piece of advice I can pass on besides always insist on getting the manual is to document everything. From what I remember of our IC and OOC interactions in the past, you have an excellent memory; however, when your boss (?) didn't give you a concrete answer about loading the database to your laptop, it might have been a good idea to find out specifically in writing if she was approving your request. If she says yes and someone else makes an issue of it, then you can have that to back you up.

If the job is at will employment or if your state is an at will state, it sounds like you don't have much more than this appeal to go with, but if you're not in an at-will state, you may want to talk to someone who's well-versed in employment law. Explain the essentials of what you explained here and find out what your options are.

With the girl you were IMing, it just strikes me as strange that someone can make an issue of your asking "personal" questions if they never gave an indication they aren't comfortable talking about whatever you're bringing up.

One other thing: Talk to your local unemployment office and file for unemployment insurance. Your tax dollars pay for it and you're entitled to it as long as you follow your state's guidelines. In Maryland, they require you to make two job contacts per week and they require you to have evidence that you've made those two contacts, though I don't ever remember them checking when I was unemployed. I don't know if getting some money while you're waiting for another job will change your financial situation appreciably, but you might at least be able to improve your situation somewhat.


I reside in Illinois, and it is an at-will state. This appeal is really all I have to go with.

The girl even said that she wasn't sure how I even got her AIM name! I'm rather upset about it.
Doujin
16-12-2005, 08:21
Well I turned in my appeal but I don't know.