Search This Site.

Can you be denied for the wrong tone in your voice?

by Greg
(Denver, CO)

Fired for my tone on a phone call w/ a prospective student aka "lack of professionalism". So I worked for a for profit school 2 years. A few weeks back they pulled one of my calls saying that I took a bad tone with a prospective student and was not professional. My boss talked to me about it, but nothing was written up and I didn't sign anything. He told me I sounded frustrated and said he would keep it hidden. A few weeks later I had another call in which I questioned a student with the "wrong tone". I was fired yesterday. My last check and termination letter will be mailed out. I'm assuming that if my employer wants to "protest" my benefits the letter is going to say "willful misconduct". Not sure about that? They will have a copy of the call. But my boss said that everyone listened to the second call and it wasn't that bad, but that they didn't want to take a chance it would happen again so they fired me. Thoughts? Oh and I'm hiring representation for sure if I need to. Case in CO.

Hi Greg,

Let's not talk about tone right off the bat .. let's first address "lack of professionalism" and what amounts to a misconduct case potentially ending up at an unemployment appeal hearing any way you slice it.

Yes, they can fire you .. but what you were fired for is a subjective call and it's really on the last or final incident.

You might have been nasty as hell on the first call, but your employer did not feel the need to warn you at that time that any further occurrence of a tone without professional courtesy could be dealt with another 2nd warning or even that one more would lead to termination.

It very difficult to prove misconduct .. if the employee has not been warned their job is in jeopardy.

But let's say worse case scenario .. the first incident is included on the termination papers and documented that a conversation occurred between you and your employer and you do acknowledge that you were "talked to".

Then I would think that only the second recording would matter.

"Not that bad"? Why else would they fire you .. oh that's right .. they didn't want to take a chance .. a chance on what? .. Another call that might be just as "Not that Bad".

Okay .. I being a bit sarcastic .. and I haven't even heard the recordings of the tone, but eventually a hearing officer will .. so I'm glad you are considering "hearing representation" ..

Because dollars to doughnuts .. your employer has representation and that they fight nearly every unemployment claim that comes their way .. right, wrong, or indifferent:)

At least if my experience counts for anything.

Click here to post comments

Return to Unemployment Benefits Questions.

} }