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Can I be fired after given a warning without a new violation?

by Tlady01
(newyork, ny)

I was terminated for lying on a employment verification application (my landlord). My boss was upset/disappointed. She decided to give me a fair warning with the promise I should never do it again or I would be terminated. We hugged and made up. She understood as a single parent I was overwhelmed, however, the warning would be my disciplinary. Three days later, She terminated me, she said she spoke to her lawyer/friend and was advised to terminate me. I was with this company for a year. She said I would get unemployment, so I applied. After four weeks of waiting my determination letter stated I was denied because of misconduct and as a Casemanager, my employer expected more from me. WHAT ABOUT THE WARNING? THERE WAS NEVER A VIOLATION OF WARNING OR ANYTHING? CAN SHE JUST CHANGE HER MIND???



Hi,

Well, yes .. she can. Employment is "at will" .. You can quit .. they can fire you. Good cause is only needed for unemployment benefits.

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Mar 10, 2010
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understanding better.
by:

Not at all condoning the "act" however, I needed an income verification for my landlord, I was afraid of not being able to afford the rent increase, so after my boss filled in my salary, I altered the amount for a lesser amount and faxed it. I apologized, she gave me the written reprimand and then three days later, "changed" her mind and said her lawyer/friend said to terminate on trust.

Mar 09, 2010
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Can she appeal? what's the chances?
by: Anonymous

So whats the possibility in an appeal? win or lose what's the chances?



Hi,

I don't know enough details to give you odds, but I know where you should start looking to prepare for an appeal. "Section 1150 "Dishonesty".

Misconduct must somehow be connected with the work. The one thing you mentioned that causes me concern is "case manager". If a case manager would lie on their own "applications" .. who's to say they wouldn't lie for anyone.

That alone implies that the employer needs to be able to "trust you" to do your job and that any ethical shortfall has potential to create a possible liability for the employer at some point if they became aware and then chose to ignore the shortfall.

For example .. a youth drug counselor who received a DUI on the weekend.

It's a breach of the trust the employer must have in the employee to do their job.

And most of all .. the employee should know this. Some jobs require more than just showing up everyday, sometimes a job duty is ethical behavior.

If a person is willing once .. who's to say they won't do it again.

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