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  1. #1
    Join Date
    Feb 2014
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    Question When Can You Get Unemployment After You're Fired

    My question involves unemployment benefits for the state of: Arkansas

    In what ways can an employee be fired and still be eligible for unemployment pay?

    What if the employer lies about the reason you were fired?
    What lies could the employer come up with that would deny the employee's eligibility?

    For example: The employer doesn't like black people... so s/he says that s/he fired the employee for severe misconduct (stealing) and it turns out that the employee was "stealing" bits of food that should have gone in the trash and/or already in the trash along with things that the employee was given permission to bring home.

    What if the the employer fires the employee because s/he is doing his/her job too slowly?

    What sort of process would the employee and employer go through if the employee attempts to get unemployment?

    In these scenario there is video evidence in which the employer is in control of.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Firing and Employee and Their Unemployment Eligability

    As a general rule, being fired isn't a big deal unless they're claiming gross misconduct.

    Stealing = gross misconduct

    So, what proof does the employee have that being fired because of his skin color?

    What exactly is the employee wanting to do? Prove that the stuff was already in the trash?

  3. #3
    Join Date
    Feb 2014
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    Default Re: Firing and Employee and Their Unemployment Eligability

    The employee wants to prove that it wasn't misconduct, because it is okay to eat from the trash, and to eat things that should have gone to the trash, and that permission was given to take certain food items home because they were unsuitable for sale.

  4. #4
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    Default Re: Firing and Employee and Their Unemployment Eligability

    Is that written company policy?

  5. #5
    Join Date
    Feb 2014
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    17

    Default Re: Firing and Employee and Their Unemployment Eligability

    There was never any written company policy read or signed by the employee.

    - - - Updated - - -

    There is a general unspoken agreement amongst all employees that it is okay to eat product which has fallen onto the floor, is spoiled or deformed, or is to be sent to the trash.

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

    Default Re: Firing and Employee and Their Unemployment Eligability

    An agreement among all employees means nothing whatsoever unless the employer also agrees.

  7. #7
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    Default Re: Firing and Employee and Their Unemployment Eligability

    Quote Quoting Cielo
    View Post
    There was never any written company policy read or signed by the employee.

    - - - Updated - - -

    There is a general unspoken agreement amongst all employees that it is okay to eat product which has fallen onto the floor, is spoiled or deformed, or is to be sent to the trash.

    Then I would expect your UI to be denied.

    This does not mean you shouldn't file - you should, no matter what.

  8. #8
    Join Date
    Jan 2010
    Location
    New Jersey
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    3,666

    Default Re: Firing and Employee and Their Unemployment Eligability

    Quote Quoting Cielo
    View Post
    because it is okay to eat from the trash, and to eat things that should have gone to the trash, and that permission was given to take certain food items home because they were unsuitable for sale.
    Why on earth would you eat something that was in the garbage in the first place? Please answer this question.

  9. #9
    Join Date
    Feb 2014
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    17

    Default Re: Firing and Employee and Their Unemployment Eligability

    Quote Quoting Who'sThatGuy
    View Post
    Why on earth would you eat something that was in the garbage in the first place? Please answer this question.
    There is no lunch break.

    - - - Updated - - -

    If you are fired for taking drugs that are unscheduled, but illegal for human consumption, thus not prescribed, is that considered "Gross Misconduct" and reason for denial of UI? Like something that only effects your performance in a positive way, is in now way dangerous for the workplace, and taken responsibly... maybe like something for anxiety?

  10. #10
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
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    Default Re: Firing and Employee and Their Unemployment Eligability

    If it isn't approved for humans, there isn't a court in the land willing to rule in your favor if you're fired for taking it.

    But where are you going with this? Yes, there's a reason I'm asking.

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