How do I defend myself against employers claim of misconduct.

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How do I defend myself against employers claim of misconduct.

(Oklahoma Unemployment)

How do I defend myself against employers claim of misconduct.

I am a truck driver fired because somebody called in and said I was weaving in and out of traffic ,but left no name or number. When I thought back I honestly could not think of any driving that was out of line, but was fired anyway. How do I defend myself against this?

Hi,

Please tell me what state you have or will be filing for unemployment benefits in. This is my only non-negotiable requirement for answering a question.

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How do I defend myself against employers claim of misconduct.

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Dec 22, 2010

How do I defend myself against employers claim of misconduct.
by: niki

I live in oklahoma. Hope this helps.

Hi,

It's not that knowing the state would always make a different as to what my answer might be .. it's that it can .. and just knowing what the state is will help me to organize a mess of questions that have become out of control. So Thank you.

The first thing you have to remember is that your position is not to defend yourself against the employer's contention that you were fired for misconduct, but to rebut whatever they try to represent as work related misconduct .. because the burden to prove is theirs for being the moving party.

So to do this .. you have to be honest about what else might have prompted their decision to discharge you .. because if the employer only has one instance of an anonymous driver reporting you on one of those 800 "how's my driving" numbers on the back of a truck.

My experience tells me they are sunk when and if it ever ends up at an unemployment appeal hearing.

The first thing they would be missing in that burden .. is a first hand witness or if you prefer, direct testimony about your driving.

So, now tell me, how many of these types of complaints have been lodged against you? Have you had any write ups for accidents of which you were found to be at fault?

In other words will the employer be able to establish any "patterns" of excessive anonymous complaints?

Did you receive any tickets while driving for your job?

Any write-ups at all?

Because what you told me .. is the equivalent of what I used to call similar lame employer cases of misconduct.

"LOSER"

Dec 28, 2010

How do I defend myself against employers claim of misconduct.
by: Anonymous

I did have one ticket for speeding,The only one I've had for many years and no accidents that were my fault.I was in a dispute with them pryor to being fired.The dispute arose from them asking me to preform driving and other "favors" for little to no pay.When I bought this to their attention,This is when I was told that we just needed to part ways.Long story short.anyway thanks for the reply,It's been of great help.

Dec 28, 2010

How do I defend myself against employers claim of misconduct.
by: niki

Just found out I was approved for unemployment benefits.(what a relief.)You were right.Their case was a loser. Thanks again for the advice.

Mar 13, 2012

Terminated; employer told my unemployment would not be denied, but was denied for misconduct anyway
by: Marie

I have recently been terminated from a law firm in Florida. At the time I was terminated, I asked the HR Director if my unemployment claim would be denied. She replied, "no, you are not being terminated for conduct."

I was denied unemployment anyway "for misconduct." and for tardiness. I was never written up for tardiness and she did not mention it at the time of my termination.

I had missed time under a doctor's care for depression and anxiety. I was written up twice for this, but both times has a doctor's excuse.

I have applied for a hearing, and my question is can I rebut her telling me my claim would not be denied?

Of course you should be able to .. because the burden of proof is the employers in discharges ruled as misconduct.

How do you get terminated and denied unemployment for instances of tardiness dues to appointments with a doctor whose care you're under?

By not calling in and following the employer's policy for calling off ..

Of course that would be difficult to prove in the face of any medical documentation and the absence of written warning letting you know your job is in jeopardy .. wouldn't you think this is so?

But watch out for FL .. they'd like nothing better than to deny as many as possible so they can recoup from the longest lasting recession in history .. or at least since the unemployment system was mandated in 1935.

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