Misconduct..so They say.

by Alex
(Massachusetts)

I was an employed as a concrete finisher/ job forman. Worked for the company for 6 years. One morning, before punching in, some of us were brought into the office along with 3 supervisors, and a head boss. The boss was obviously upset, all red faced stating that he was f'ing pissed and ready to fire someone about an issue that had supposedly taken place on a job 2 days prior. Apparently it was a job that I was on with another co-worker... who was strangely not invited to said meeting. The boss went on to say that he heard someone had "mouthed off" to an inspector on site, and now he couldnt continue the job at present time. All other co worers were ased to leave, just myself and the boss, and supervisors remaining. I told them my story, I was onsite with another worker... had clocked out for the day, when a super asked "where the concrete workers were?" When responding to him, he told me something was not done properly, so me and my co worker fixed the issue..still clocked out.... and prepared for our 3 hour..unpaid... ride home. After explaining this...and that I never did speak with or even saw an inspector... I said to my boss.. you are looking like you are going to fire me... and he said...just about to. I did at this time get understandably upset, and insist that there was no inspector, and how could they fire me for something I didnt do?? Words were exchanged by my boss and I, and he made a move towards me.. I told him "go ahead hit me.. I'll sue you" He stated he had nothing, and to get out off his property and I was fired. I emptied my work truck, and a fellow worker gave me a ride home.
The next day, I recieved a certified letter at home, stating I was disinvited and not allowed back on company policy, and if I did, the cops would be called. It also was CC to the police dept.

(Later that night one of the supervisors called me to let me now that it came out that I was right, in fact there was No Inspector on site that day.)
I opened my unemployment claim, stating I was fired, and few days later I was contacted by a rep, I told her exactly what happened, also that my boss had called me like 4 days later wanting to talk and "clear the air" he stated. I basically told him where he could go, that I had broken my back for his co. for years and was just discarded for whatever reason. But I did as him not to fight my unemployment as he knows I have 4 kids that have to eat. His response.. Lets see how that plays out.
I recieved a letter today stating I was diqualified for benefits stating misconduct. And I am of course requesting a hearing, what do you you thin my chances are?
key points.... brought into a meeting, off the clock, and accused of something I did not do, the only person that was my witness to this was not present.
We did argue, I will not dispute that,
After recieving the disinvitation letter, the following day, I did text him not so nicely.
When speaking with the unemployment rep, she informed they stated the police dept had to escort me off the property...and this never happened..no police were ever called.

Thans in advance for any advice, I do appreciate it.



Hi Alex,

If things went down the way you say they did .. I think your chances are good .. especially since the employer misrepresented facts to the department and will not be able to prove that the police were called an you were escorted off the property.

Key point! Your boss was the one who became physically aggressive, but you know if they show up at that hearing .. there were witnesses to the altercation .. right? Witnesses who still need their job?