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  1. #1
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    Default Office Politics as Misconduct

    My question involves unemployment benefits for the state of: NY

    I know NY is a right to hire right to fire state. My question is can "getting involved in office politics" be considered misconduct (by DOL standards)? I had a claims investigator from DOL call me and tell me that my former employer claims I was terminated for getting invloved in office politics. I have no idea what "office politics" are and I didn't like my job/co-workers enough to even speak to them about anything personal much less about politics. I tried to explain what was said while I was being let go but he didn't want to hear it and cut me off and told me that's all he needs. I tried googling "office politics" and misconduct but got nothing. I read on the DOL website somethings they consider misconduct but I can't find anything on office politics. Thanks in advance for any info you can provide.

  2. #2
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    Default Re: Office Politics as Misconduct

    Are you sure you're talking about the DOL? The DOL rarely if ever gets involved in such matters. Perhaps you mean the unemployment commission?

  3. #3
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    Default Re: Office Politics as Misconduct

    I'm sure it was the DOL. When the guy called he identified himself by name and said from the NY Department of labor. He asked me what was my reason for being separated from my last employer I said my position was eliminated then he said my former employer said I was let go cause I got involved with office politics (whatever that means). Since I don't know what office politics are and can't find anything on their website I was wondering if this is a form of misconduct.
    I did ask a friend who works for DOL in another state and she said it wasn't a valid reason to deny benefits but I'm asking here because I know laws vary by state. She said it's a petty reason to fight a claim and may not hold up.

  4. #4
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    Default Re: Office Politics as Misconduct

    There is no single, all inclusive, legal definition of "office politics". Whether or not this will count as misconduct is too state- and situation-specific to say.

  5. #5
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    Default Re: Office Politics as Misconduct

    Quote Quoting Mandijessy
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    My question involves unemployment benefits for the state of: NY

    I know NY is a right to hire right to fire state. My question is can "getting involved in office politics" be considered misconduct (by DOL standards)? I had a claims investigator from DOL call me and tell me that my former employer claims I was terminated for getting invloved in office politics. I have no idea what "office politics" are and I didn't like my job/co-workers enough to even speak to them about anything personal much less about politics. I tried to explain what was said while I was being let go but he didn't want to hear it and cut me off and told me that's all he needs. I tried googling "office politics" and misconduct but got nothing. I read on the DOL website somethings they consider misconduct but I can't find anything on office politics. Thanks in advance for any info you can provide.

    "Misconduct" is a "catch all" term as "insubordination" is, they are mostly used when an employee is not liked, otherwise such conduct would/may be overlooked.

    If we relate it to criminal statutes, one would be titled "Misconduct in office", malfeasance, misfeasance, nonfeasance, for a public official.

    Your behavior is not criminal, just throwing out a general example.

    "Misconduct", generally, is any action by you the employer wants to label as such.

    IF indeed, it was the NY DOL, and ask for a specific call back # next time, there may be some investigation abound???

    Are you, or were you, a public employee??

    I have this case in my notes, it is unconstitutional to terminate an employee for political affiliation:


    http://supreme.justia.com/us/427/347/


    In a nutshell, "office politics" is NOT supporting the bosses candidate, otherwise your behavior would be acceptable if you did. Make sense??

    Example: You do not support the bosses candidate, you are "goofing off on thier time", If you did, you are doing nothing wrong. This is "employment at will" for you!!

    Actual misconduct is violating law, company policy, etc. etc.

    There are certain things courts mostly recognize as having no protection for discharge when employed at will, theft, drug use, falsification of payroll records, moral turpitude and the like.

    ALL of these ARE misconduct.

    Generically, misconduct can be as simple as patting a person on the shoulder to say HI to them!!

  6. #6
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    Default Re: Office Politics as Misconduct

    Quote Quoting BOR
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    IF indeed, it was the NY DOL, and ask for a specific call back # next time, there may be some investigation abound???

    Quoting myself to say, Mandi, could be the DOL is involved due to the fact it was a termination based on "politics".

    If you signed up for unemployment, call your investigator at the unemployment bureau there and see if such was forwarded to the DOL for any reason??

  7. #7
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    Default Re: Office Politics as Misconduct

    Thank you everyone for the advice. I spoke another rep. today from DOL since I was not happy with the one from yesterday. She went on to tell me that my claim was approved mainly because they believe my explanation for my reason for being let go. My employer's explanation has changed numerous times so they believe my former employer is lying, trying to throw stuff out to see what sticks (not her exact words). Besides thier explanation of getting involved with office politics is not an offense that would get you denied UIB because it is not the same as if you were caught stealing, lied on your app., stuff like that. Thier explanation left open to interpret that they didn't like my shirt one day and my nail polish the next. Now I just hope my former employer doesn't want a hearing if so I'm ready to take this there.

  8. #8
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    Default Re: Office Politics as Misconduct

    Mandi, I am glad you are winning.

    I did find, in NY, after searching, yes, the DOL is the agency who handles unemployment claims, I should have checked that first. I have never seen any fall under the chart system as NY has it, usually it is a seperate bureau??

    Regardless, the main point is, the title "office politics" was merely suggestive in nature as to the reason, as I pointed out, they are NOT "words of art" and you will not find them in any legal lexicon.

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