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  1. #11
    Join Date
    Sep 2007
    Posts
    7

    Default Re: Getting Unemployment After Being Fired For Breaking Company Policy

    wow....I wrote the whole thing out, hit post and the dang thing vanished. I usually copy but......

    so here's the short version


    My situation with getting UI has absolutely nothing to do with the DLSE investigating my case. According to my old boss, I was fired for "betting". I assumed this is what she would say to the UI people. Yes I was wrong for "betting" ( I guess)...but I didn't know I was wrong. That being the situation, I was unclear as to whether or not it would be approved....

    now...

    I believe the reason I was fired was because my boss was pissed off at me for complaining about my schedule. She is the person that is to cover me for breaks and lunch. She's never there to cover me. I complained to my direct supervisor for 3-4 months. Nothing changed. 3 days before I was suspended, I went to my boss and told her I was tired of it. I requested that she either be there or have someone there that can cover my breaks/lunch. Taking lunch and breaks is a protected activity. Worked there 7-8 months. I never missed a day...never asked for a raise. I did leave 2 times because I was sick (waited for coverage). I am equal to 8 other people in title and pay....I am the only one out of them who opens the store, counts the money and makes deposits to the bank. I'm told she now has 3 people doing my job and she still comes in late. When you're the boss.....it's real convenient to have a person like me around.

    There were many other things that were said and situations that occurred...but this is already longer than the short version


    I'll keep you guys up to date

  2. #12
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Getting Unemployment After Being Fired For Breaking Company Policy

    Hey Doc! What you posted now makes tons more sense as to why a wrongful termination suit is viable!! They possibly violated employee break labor laws!!

    I was scratching my head trying to come up with a cause of action because you were fired for betting??

  3. #13
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Getting Unemployment After Being Fired For Breaking Company Policy

    And what employment law did they violate, pray tell? Complaining about the boss not being there to cover is not a protected action.

  4. #14
    Join Date
    Sep 2007
    Posts
    7

    Default Re: Getting Unemployment After Being Fired For Breaking Company Policy

    "I went to my boss and told her I was tired of it. I requested that she either be there or have someone there that can cover my breaks/lunch. Taking lunch and breaks is a protected activity."

  5. #15
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Getting Unemployment After Being Fired For Breaking Company Policy

    Yes, but telling your boss how to do her job is not.

  6. #16
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Getting Unemployment After Being Fired For Breaking Company Policy

    Quote Quoting PattyPA
    View Post
    Yes, but telling your boss how to do her job is not.

    Yeah but Patty, he already said the state was accepting his wrongful discharge case, so based on the facts, as known, they are supporting him.

    If the law was being broken, and he called them on it, it does not really matter how it was done! Even if he yelled and screamed at the employer, it does not abrogate the company's legal duty to cure it.

    "Telling the boss how to do the job", if an employee feels the law is being broken, IS protected activity, it is called a "complaint".

  7. #17
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Getting Unemployment After Being Fired For Breaking Company Policy

    I understand, but something just sounds fishy. The complaint may be protected and maybe that's what they're taking on. The method of the complaint was, IMHO, insubordinate. There are ways and there are ways.

  8. #18
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Getting Unemployment After Being Fired For Breaking Company Policy

    Quote Quoting PattyPA
    View Post
    I understand, but something just sounds fishy. The complaint may be protected and maybe that's what they're taking on. The method of the complaint was, IMHO, insubordinate. There are ways and there are ways.

    I don't know, the methodology may have very well been insubordinate, I was not there. However, IF the law was broken, then there is a legal remedy, and even if such were brought out, it matters not, IMO, as the court would find it secondary and "collateral" to a valid wrongful discharge claim.

    I find it similar in nature to a woman who snaps and cusses out her boss for sexually harassing her in violation of the law after repeated attempts for him to stop. Such alleged insubordination is NOT a defense for the company IF the law was broken, and if they proffer such but also admit harassment, I can't see a jury saying too bad for the woman??

  9. #19
    Join Date
    Sep 2007
    Posts
    7

    Default Re: Getting Unemployment After Being Fired For Breaking Company Policy

    I was giving you the short version.

    Of course I was professional with my boss. LOL. I didn't tell her how to do her job. This is a situation that had been going on for some time. For 3-4 months, I had complained to my direct supervisor about the situation. Supervisor told me she would talk to boss on several different occassions. Nothing ever happened. I posted...
    "I went to my boss and told her I was tired of it." That's just how I'm telling you (it feels good). I talked to her as professionally as I always do. Now...what I really wanted to do was take a chair and slam it against.......Nevermind...

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