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Violation of Company Policy

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  • 06-13-2012, 01:26 PM
    awow7
    Violation of Company Policy
    My question involves unemployment benefits for the state of: Masschusetts

    I worked for a retailer for 2 years always getting great performance reviews. I had the same supervisor for the majority of my time there who came to depend on me for helping him with some of his tasks. Through this he gave me his username and password to pull up certain numbers and do things I was unable to do with my numbers. I didn't steal his password, I was given carte blanche to use it. 2 months before I was discharged he was sent to be a supervisor of another department and the current supervisor was alleviated of scheduling while he was learning the business. I had had a set schedule for two years straight that went well with my class schedule. The new supervisor agreed to this schedule, and as it had not been an issue in the past my availabilty in the offical system was no properly calibrated with this schedule, it was just kind of a known fact. The managers were not very involved with the individual employees and started scheduling me on times that I had class. So I used the password that I was given to adjust back to my set schedule. I was discharged for using this password to alter the schedule, nothing happened to the supervisor who gave it to me. After being approved for unemployment, the company is now appealing the decision saying that I knew I was violating company policy.
  • 06-13-2012, 01:58 PM
    jk
    Re: Violation of Company Policy
    Quote:

    I was discharged for using this password to alter the schedule, nothing happened to the supervisor who gave it to me.
    So, you used the password of a supervisor that was no longer your supervisor to alter a schedule your current supervisor either ok'd or acquiesced to, right?

    Quote:

    The managers were not very involved with the individual employees and started scheduling me on times that I had class
    was making the schedule one of your duties? Given you had to utilize the supervisors password to gain access to the scheduling program, I suspect not. Firing was valid.

    as to what happened to the supervisor? Really none of your business but the company has no obligation to do anything to him anyway.

    But think about this: apparently that super didn't have a problem with you accessing things that were restricted to him WHILE HE WAS YOUR SUPERVISOR. Once he moved on, you had a new super and were bound to him. Unless the new super allowed the same use of HIS password and agreed to the schedule change, what you did was way beyond acceptable. The old super is only guilty of giving you the password. You are the one that abused it.
  • 06-15-2012, 10:38 AM
    awow7
    Re: Violation of Company Policy
    So what are my chances on winning this appeal?
  • 06-15-2012, 10:49 AM
    jk
    Re: Violation of Company Policy
    Quote:

    Quoting awow7
    View Post
    So what are my chances on winning this appeal?

    I don't see any realistic chance of you prevailing but...

    . UI has made some odd decisions before. If you have some explanation that makes sense to them, they could approve it. I see it as willful misconduct, at the least and a criminal act at the worst but if you can convince the UI folks that there was a tacit approval of such actions, you might win.
  • 06-19-2012, 10:54 AM
    awow7
    Re: Violation of Company Policy
    Just an update - my employers appeal was denied and my eligibility upheld. The two main reasons given for this were: 1) I did not receive a physical company handbook and/or take the time to read the online version 2)I remained working (not suspended) for two weeks while the company investigated the issue and made a determination
  • 06-19-2012, 11:53 AM
    jk
    Re: Violation of Company Policy
    I disagree with their reasons. They don't apply to the situation at all.

    What you did was not only beyond common sense, it was actually illegal. As to not suspending you; the violation was not so egregious that you presented a security concern (passwords likely changed immediately) and your actions were not of the type that would show you to be a real security concern. No reason to punish you until they actually decided what the punishment would be.


    but, as I said, UI does make some odd decisions. Consider yourself lucky in this situation. It could have easily gone the other way.
  • 06-19-2012, 12:32 PM
    Beth3
    Re: Violation of Company Policy
    So I used the password that I was given to adjust back to my set schedule. So you disregarded the new supervisor's instructions regarding your work schedule and used your old supervisor's password to change your schedule to the hours you wanted. Yowsa. :grumpy: The tail doesn't wag the dog.

    (1) This would have gotten you fired anywhere, and (2) I think the odds of your prevailing at a UC hearing are extremely slim. You clearly engaged in willful misconduct and I think the State will affirm that and deny benefits.
  • 06-19-2012, 01:16 PM
    jk
    Re: Violation of Company Policy
    Quote:

    Quoting Beth3
    View Post
    So I used the password that I was given to adjust back to my set schedule. So you disregarded the new supervisor's instructions regarding your work schedule and used your old supervisor's password to change your schedule to the hours you wanted. Yowsa. :grumpy: The tail doesn't wag the dog.

    (1) This would have gotten you fired anywhere, and (2) I think the odds of your prevailing at a UC hearing are extremely slim. You clearly engaged in willful misconduct and I think the State will affirm that and deny benefits.


    OP claims he won the appeal.
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