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  1. #1

    Default Work Related Breach of Duty

    My question involves unemployment benefits for the state of: Indiana


    I was terminated after not passing a medical field license. I was working as an aide (this position did not require any lic.) waiting to take my exam for license. Prior to me taking the exam my department manager asked my district manager with all three of us present if I do not pass the exam whats my status, and he stated that wouldn't be a problem for me to continue employment as an aide, they could use me, and I have even traveled to other facilities in their network. A week after my not obtaining the license, my district manager speaks with me at work and states because of no license, they didn't have room for me any more but I could finish out the week which I did. Upon my hire there were no policies or agreement about me obtaining lic. District Manager even stated I was reeligable for hire once I do get my lic.

    I have read a somewhat similar case where a position that previously did not require a license but state law changed and that person did now require one to continue work
    but didn't pass their exam so it fit in that case.

    Do you think my situation falls under breach of work related duty? Although I thought I was prepared enough to pass, I thought I was assured my job would still be there if I didn't.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Work Related Breach of Duty

    Cutting to the chase, if you are asking whether or not it was illegal to fire you, it wasn't.

  3. #3

    Default Re: Work Related Breach of Duty

    Regarding the same case my witness now says that someone at work told them not to get involved and now this person says they don't remember what happened when previously they did. I dont know if it is a good idea to subpoena this person based on that and if I dont, during the unemployment appeal should I bring these facts up of why my supposed witness isn't there?

  4. #4
    Join Date
    Sep 2007
    Posts
    7

    Default Re: Work Related Breach of Duty

    what???????????

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

    Default Re: Work Related Breach of Duty

    You can't force someone to testify without a subpoena.

  6. #6

    Default Re: Work Related Breach of Duty

    Quote Quoting PattyPA
    View Post
    You can't force someone to testify without a subpoena.


    Correct. I guess Im asking if I do not subpoena this person, and I tell my side during the appeal without the witness (who really doesnt want to get involved) do I bring up the fact they were told not to get involved.

    Or should I just subpoena them and have them claim not to remember anything at all? That wouldnt be a good witness for my benefit.


    Thanks for all the replies.

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