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  1. #1
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    May 2011
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    Default Fired for Misconduct in Illinois

    My question involves labor and employment law for the state of: Illinois
    I was fired a few weeks ago. The word "misconduct" was never mentioned when they informed me I no longer worked there.I applied for unemployment benefits and I received the denial in the mail:cannot collect because of the misconduct"as the claimant instructed another employee to forge a manager's signature on a legal document"I did not instruct her to forge someone else's signature,I simply told her to sign for him(since he was not on site that day and the application had to be processed). Signing for other people was something that has been done in the past-signed for them and mot signature.I said"sign FOR him"-not sign HIS name.A week later the HR manager asked me what happened and at that time I was informed she signed the manager's name and not hers.A month later I was fired because I "did not make a good call that day". The person that signed was told "for a year you will not be promoted". Can I fight this misconduct discharge?I was with the company for 6 years. Any help would be appreciated. Thanks.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Fired for Misconduct in Illinois

    a person cannot sign for another unless that other person has granted the authority to do so. You could have told the person to sign the document, as themselves, you could have signed it, as yourself, or anybody else. None of you could sign it for another unless that other person said you could .
    regardless of whose name they actually signed, you had no authority to demand they sign for the reason you did so.

    As such, since your directive amounted to demanding the employee break the law, you were rightfully fired for misconduct.

  3. #3
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    May 2011
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    7

    Default Re: Fired for Misconduct in Illinois

    Thanks for the reply.I did have the authority since she signed...I was the manager on duty.I expected her to sing her name of course then slash the manager's name-its something that has been done.
    Misconduct is"deliberate and willful violation of a reasonable ..."How was that "deliberate and willful?'

    And I did get the manager's approval over the phone-he probably now says he did not give me the approval.

  4. #4
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    Jan 2006
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    Default Re: Fired for Misconduct in Illinois

    And I did get the manager's approval over the phone-he probably now says he did not give me the approval.
    then you should have signed your name.

  5. #5
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    Mar 2007
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    9,096

    Default Re: Fired for Misconduct in Illinois

    When you got back the document after it was signed, did you notice the name that was signed?

    Of course you did.

    Did you print off another copy of the document and destroy the first and ask the same employee to sign her name?

    Of course you didn't.

    Why? Because you needed the manager's signature. You got a manager's signature.

    You made a bad call.

  6. #6
    Join Date
    May 2011
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    7

    Default Re: Fired for Misconduct in Illinois

    The coworker signed the document and then turned it in to the receptionist-I never saw the document again. The receptionist processed it...without telling me or the coworker that it was signed by someone not there that day... I found out about it a week later when the HR asked me how that day went... she told me then how the document was signed...and then 5 weeks later I was fired.

    I never saw the document again...

  7. #7
    Join Date
    May 2011
    Posts
    7

    Default Re: Fired for Misconduct in Illinois

    I was the manager on duty however I had responsibilities as a regular employee as well. Because the application that had to be processed was mine, I signed under "representative".A second signature was needed-that is where I asked my coworker to sign for my boss-after I received verbal confirmation from him...So the document was signed by me and someone else.I could not sign twice clearly.

  8. #8
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    Mar 2007
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    Default Re: Fired for Misconduct in Illinois

    Are you saying you didn't notice the name signed or are you just avoiding my point?

  9. #9
    Join Date
    Jan 2006
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    38,867

    Default Re: Fired for Misconduct in Illinois

    your boss did not give the person that signed the authority to sign for them. until that happened, they could not sign for your boss

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