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  1. #1
    Join Date
    Oct 2012
    Location
    Missouri
    Posts
    16

    Default Can You Get Unemployment if Fired for Alleged Misconduct

    My question involves unemployment benefits for the state of: Missouri

    Just looking for a little insight into this conundrum I have recently gotten my self in to.

    On May 8th 2012 I was written up for lack of performance due to use of cell phone, attendance, and a minor discretion. On August 8th I got in to an argument with my co-worker and was talked with my boss that day which he says wasn't anything worth getting written up for. On August 9th I talked with my HR to confirm that I wasn't being fired or written up on her end for the whole ordeal. She says it wasn't anything to worry about and she didn't have anything to write me up on, since it was a verbal argument.

    Then she dropped a bombshell on me. She pulled out the agreement stating I was on probation for no less than 90 days, a mid review June 21st, 2012, that I signed on May 8th. I never received my mid review like I was supposed to, even though I reminded my boss 2 weeks before and after. That's when she told me that my performance at work had been lacking again, and that the person I got into an argument with I was spreading personal rumors about him for which they had 2 statements from other co-workers. It was then my HR and 2 bosses, they said that they didn't believe I was being completely honest and that they were firing me due to the use of my cell phone.

    Without resistance I said alright maybe I messed up, even though they couldn't show me any evidence of lacking performance. (The last 2 months I had been sweeping floors and painting, which is a chore and not the actual job itself.) Knowing I needed something to keep me afloat until I got my next job I filed for unemployment. They disqualified me because the employer said I was fired for misconduct, warned about use of cell phone. Exactly what it says!

    I appealed it, providing the probation agreement; along with a personal statement. I'm currently waiting for a hearing now and now am at a total loss as what to present to the DES. The policy on cell phone use during work is on approved breaks and must not interfere with work. Back in May I would have so you got me, I won't do it again. But to fire me after the day our agreement ended but you didn't fullfill your written statements in it?

    All thoughts and advice is appreciated.

  2. #2
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Can You Get Unemployment if Fired for Alleged Misconduct

    The burden will still be on the employer to prove that you did what they said you did, and what they said you did still has to be misconduct. You shouldn't be telling the UI people much of anything or you'll undermine yourself.

    You were written up for the cellphone use in May. If you didn't use the cellphone again, and they decided to fire you 3 months later for that reason, then you in all probability won't be denied UI.

    Just be prepared that the employer can go in a different direction at the hearing. You'll want to call the ALJ's attention to the original reason for termination (cellphone use). A changing story for the reason of termination undermines credibility.

  3. #3
    Join Date
    Oct 2012
    Location
    Missouri
    Posts
    16

    Default Re: Can You Get Unemployment if Fired for Alleged Misconduct

    So I need some more insight. I'm going to try to slim this down because it's a packet fruit full of information.

    As I said before I had an altercation with the co-worker the day before. I received my appeals date for 10/30 with information regarding the case as to why it is was slated as misconduct. They state the main reason for termination was due to violation of probation/ work performance (written exactly as that). In the packet they state the whole dispute with the co-worker, statements about my lack of work performance and cell phone usage, etc.


    They included the probation contact, a warning from an attendance issue before hand, and the statement itself. The documents presented in the packet from the unemployment office were also in there, it states that I was terminated for violating company policy. As to which claimant was warned multiple times regarding this behavior. Also states multiple company policy violations. When I hear multiples I think more than 2 but in fact it's multiples I suppose.

    I don't see any other documentation other than statements about my lack of work performance and the altercation with said co-worker. Since I didn't argue it originally the I was denied, which with all that document I can understand why. Anybody with similar or recurring insight about this would be helpful as I'm not sure how to approach this when I go answer the call. IMHO Anyone can write a statement, point the finger, and call you bad guy. Without damning evidence I would say it's circumstantial at best. Just a forethought. Thanks you guys.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can You Get Unemployment if Fired for Alleged Misconduct

    Yes, 2 would be multiple. It always has been.

    You were warned about phone usage previously. If they now claim you were using your phone again, and you were, the termination for misconduct would be valid. If there were no new violations (not warnings but simply violations), then a discharge based on the phone use would not be valid.


    all you can do is follow through with the appeal and see where it goes.

  5. #5
    Join Date
    Oct 2012
    Location
    Missouri
    Posts
    16

    Default Re: Can You Get Unemployment if Fired for Alleged Misconduct

    Thank you JK. They stated that there were verbal warnings, however, none of them were documented or supplied in the packet. There were no violations recorded or signed. The only violation was when I was put on probation the first time on May 8th.

    What doesn't help is that the co-worker that threatened me earlier in the week supplied a statement that helped in the result of my termination. I felt as though it's discrimination and that his statement was not only false, but shouldn't even be considered. Since we had the altercation, his feelings were inaccurate and not focused on my actual performance.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can You Get Unemployment if Fired for Alleged Misconduct

    Discrimination on what basis? Age, race, gender, national origin, religion, disability, pregnancy or genetic information?

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Can You Get Unemployment if Fired for Alleged Misconduct

    What are you basing the discrimination on?

    Discrimination is when you are treated less favorably than other employees due to protected classes such as: Age, disability, race, national origin, pregnancy, religion.

    What was the altercation with the other co-worker?

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can You Get Unemployment if Fired for Alleged Misconduct

    Voslik;660500]Thank you JK. They stated that there were verbal warnings, however, none of them were documented or supplied in the packet. There were no violations recorded or signed. The only violation was when I was put on probation the first time on May 8th.
    I suggest the veracity of you and the representative of the company might be the deciding factor then. If you are perceived as dishonest, then you could lose just because of that.

    What doesn't help is that the co-worker that threatened me earlier in the week supplied a statement that helped in the result of my termination
    and? did he lie?

    . I felt as though it's discrimination and that his statement was not only false, but shouldn't even be considered. Since we had the altercation, his feelings were inaccurate and not focused on my actual performance.
    what difference would it make if the co-worker's feelings were inaccurate? What difference does it make what your co-worker is focused on?

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