Fired for misconduct or sexual harassment.

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Fired for misconduct or sexual harassment.

by not a lesbian
(north tonawanda, ny)

I was fired because when joking around in the office I said I had a thought of asking the lesbian if she would come over and eat me. It was a joke. We were all kidding around. I had a different girl grab my boob. Sexual conversations were the norm with staff, but my comment was viewed as misconduct.

Hmmm.
Somebody must of not thought it was just a joke or as funny as you thought it was. It sounds like someone thought they were suffering from sexual harassment by you .. and told the employer.

Tell me, do you think you crossed the line?

It always amazes me to hear a claimant, who did something so clearly out of line, profess their innocence.

Somewhere on one of these pages, I wrote something along the lines of "I have no idea if you are guilty of misconduct, but if you have a lick of common sense, you do".

Pun intended.

Chris

Comments for
Fired for misconduct or sexual harassment.

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Nov 27, 2008

crossed the line
by: Anonymous

So are you saying don't apply for unemployment??? I'd say I crossed the line. I was stupid.

Hello again,

I would never tell anyone "not to apply for unemployment". It's a personal decision that only you can make.

Plenty of people get "lucky" that were in fact fired for misconduct, but it's usually due to the inadequacy of the employer's response to the state regarding your claim for unemployment benefits. It is not a perfect system by any stretch of the imagination.

Most states (including New York) still allow either party (claimant or employer) to protest a determination by filing an unemployment appeal, no matter what their response was....as long as they responded.

So, what if you are initially allowed unemployment, start collecting a weekly check and then one day, maybe after you've collected three or more weeks of benefits, you get a notice telling you "the employer has appealed and there is now an "Unemployment Hearing" scheduled?

You'd be wise to ask yourself, "can my employer prove I was fired for misconduct"? And if so, "WILL I HAVE TO REPAY THE MONEY I'VE ALREADY GOTTEN"?

So no, I'm not saying don't apply, but I am saying, Be aware of the additional hardships (besides losing your job) that you could create for yourself.

Nov 09, 2009

Unemployment Overpayments
by: Anonymous

If you start getting unemployment and lose the appeal, you won't have to pay it back anyway. it just stops.

Hi Anonymous,

Before anyone accepts this bit of information as a fact, I suggest you take a look at this PDF published by the United States Department of Labor.

It's called Overpayments

Chris

Nov 03, 2010

What if no one complained?
by: Anonymous

I have a friend who has a similar situation. He was fired over a text conversation sent outside of work. A coworker asked him to cover part of his shift, and he texted back that he would do it for a blowjob jk(joking) his coworker/friend texted back I thought you might say that maybe *(another coworker) will blow you for me lol (laugh out loud). Neither coworker complained about it as it was a running joke between them but the sister of one of these two coworkers was snooping on her brothers phone found the message and told her supervisor about it (she works for the same organization). My friend was fired but our other coworker was not and he later texted my friend to tell him that he did not complain to anyone about it. The whole thing took place when neither were at work and it was a private conversation. Our director originally protested his unemployment claim on the grounds of sexual misconduct but has now changed his protest to quitting without good cause and/or misconduct connected with work. No where in what passes as our employee manual does it mention anything like this, no warning was given nor was my friend given a chance to defend himself. I will be a witness to testify to the fact that this type of conversation is typical at work and that our executive director is the worst culprit, often saying very off color/sexual things including jokes about pedophilia and bragging about illegal drug use. He has a hearing on Monday and he is terrified.

Whoa down there a second.

If, things happened exactly as you say they did and the employer only became aware of this and made the decision to discharge on the second hand information provided by a third party snooping where they shouldn't have been snooping .. I'd call that hearsay.

Does the employer have a copy of the text message?

Or did your friend admit to the text when confronted by the employer and subsequently terminated.

If so, I would now question why the employer did not discharge them both .. because they both made comments that were inappropriate .. yet we all do in private .. and that's the thing .. it was a private communication.

As far as someone complaining .. someone did another co-worker, but I question the appropriateness also of how she came by the information and then the employer's decision to act upon what she reported .. for all the employer knew .. she could have been making the whole thing up because she had some kind of grudge against this person.

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