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Fired for Rudeness without any prior warnings.

by Mike
(New York, NY)

I was fired from my job last week. I had been there 12 years with a good record, no write ups or any other type of disciplinary action, excellent evaluations, and I'd worked my way up to supervisor. The reason given was an email I had sent to accounting. For the previous 4 months money had been deducted from my paycheck each week for what they claimed was use of stamps. The problem was I never ever used any. I was getting no help from the accounting department and I admit to letting my frustration get to me and calling the guy an idiot. I know that was wrong. My only defense was that it was 1am (I worked the graveyard shift) and I was frustrated.(By the way when I was fired I was told the problem had been traced to someone making a typo in their employee number, making it mine accidentally) However, I feel I should have received a verbal warning or a write up. I was given no chance whatsoever. However, I was given a generous severance package, promised a good reference, and even told they would not contest an unemployment claim. Does this mean I will probably get the benefits I applied for? There is a good chance I will lose my home if I am denied.



Hi Mike,

I thought I'd first check to see how New York stands on unemployment benefits while collecting severance pay. The answer is here.

Mike,

Stop saying you know it was wrong. It's okay to say you know
you overreacted here, but when you file for unemployment you want to downplay your guilt (guilty answers help a state to disqualify claimants..that's the employer's job...not yours).

I don't care if the employer says they won't fight your unemployment. All this means to me is that they might not appeal if you are initially awarded unemployment benefits...and that's the goal.

This is done by showing that the employer fired you without having good cause by pointing out their errors such as not following their own progressive discipline policy or showing that there was not a written rule to make you aware that your actions would result in termination. In addition you'll want to explain the problem that led to your termination and the employer neglect in not finding the problem until after they decided to fire you.

You need to read some information on this page, particularly "relations with fellow employees 1175.

Let me know if you have any questions about the information.

I seriously doubt a one time lapse in judgment would be considered good cause to fire you...especially because it was caused by the employer's failure to address a problem with your pay, but your presentation certainly could make the difference whether you are awarded benefits initially or have to go to the trouble of appealing.

Another thing....if the employer thought your action was "harmful to their interests" why did they give you a generous severance and offer a letter of recommendation? I say there was an unspoken agenda.

Please let us know how it goes for you.

Chris

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