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Can I collect unemployment for saying an inappropriate comment to another employee (racial)

by Estellla
(Nevada Unemployment Benefits)

I made an inappropriate remark to another employee. We are working like negros. ( I speak spanish and in spanish it is negro but came out like the n word). I have worked for the company 8 years and have had employee of the month a number of times. I have never had complaints about my work and or relations with other employees. I have a strong accent and believe that this word was misunderstood.

Response To: Can I collect unemployment for saying an inappropriate comment to another employee (racial slur)?

Hi Estella,

This is one of those situations that depending on who is listening to the facts of the case .. it could go either way .. I suppose this because I've read gazillion of initial determination .. and every once in a while one would pop that just didn't make any sense whatsoever to me.

If you were to get benefits .. I would personally be scratching my head as to why.

Since there doesn't seem to be any question as to whether you said what you said or not, it really is going to come down to who is more convincing at an unemployment hearing, i.e., and maybe if the employer is willing to provide first hand testimony.

The employer saying you used an insensitive, racially, inappropriate statement, is reasonable to me.

You saying that because of your heavy accent and your use of a word from your "native language" just came out sounding like that word is for me .. beside the point.

Although it go either way...depending on the testimony given and the mindset and/or biases of the ALJ (might be one of those nut jobs for all I know). I am presuming from the way you strung written words together .. you've been in this country for a while now and also have some knowledge about what is socially and not socially acceptable.

The problem with what you did is that I think the employer will focus their argument not on the totality of the statement not the word and that any reasonable person that's lived in this country for a minimum of eight years, would know the entire remark is completely unacceptable and insensitive no matter the ethnicity of the person the statement was made to.

I know this because it offended me ..

Whether you had a stellar work history or not is irrelevant as far as I'm concerned.

Keeping you in your position put the employer at risk for even greater financial liability than an unemployment claim.

I believe this is precisely why smart employers have a zero tolerance policy. for this type of thing.

I have no problem with these policies .. I think they are reasonable.

What I do have a problem with is when the powers that be within a business organization don't apply it to themselves .. or use such a policy in an arbitrary fashion that shows favoritism through exceptions.

Employees are expected to follow the rules .. and so should the employer.

Same page for everyone please. Discrimination is in my opinion just another example of ignorance in action .. when discrimination is allowed to continue in the workplace an employer, that is the control, is allowing someone under their direction to violate a federal law .. and that .. make them potentially liable.

And yes, all it takes is a one sentence episode to have a good cause to cut out any future repeat performance.

Chris

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