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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.

Comments for How do I defend myself against employers claim of misconduct.

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May 03, 2018
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To First Offence
by: Chris - Unemployment-Tips.com

I couldn't say what your chances of being successful would be .. because I know nothing about the details and presumably some sort of evidence and testimony the employer would be using to prove their burden you did alter the date on a document from your doctor.

I am curious, however, why the title for your comment is "first offence".

What did you mean by that?

May 03, 2018
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First Offence
by: Anonymous

I'm working at our local government offices,engineering department.I've been accused of tampering with the date on my doctor's certificate.
I didn't do anything of the sort,now I'm waiting to hear when the hearing is scheduled.
The envelope was not sealed when I put it in my drawer at the office.When I submitted it to my immediate superior nothing was said to me'but when she gave it to her senior was mistake picked up.
Without calling me to her office she proceeded with steps.

I will never do something like that,not even unknowingly.
What are my chances of being successful at the hearing?

Jul 15, 2014
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Cell phone on the floor
by: Anonymous

I have received a letter of denial of benefits stating that having a cellphone on the office floor was a violation of employer policy. I admitted to having a cell phone on the floor and therefore they state my behavior rose to the degree of misconduct in connection with the work.

I have understood misconduct to be a legal term meaning a wrongful, improper, or unlawful
conduct motivated by premeditated or intentional purpose or by obstinate indifference to the
consequences of one's acts.

I believe my actions do not coincide with misconduct because I was not intentionally violating company policy. I had forgotten my cellphone was on my person and was only made aware once my cellphone went off in my pocket. It was a reasonable one time mistake that led to immediate termination. Although an accident, there was no intentional act of wrong doing and therefore no misconduct.

In your opinion does this information provide enough explanation to submit an appeal?




Hi,

So, you're tell me that having the cellphone on your person was a one time mistake, not rising to the intentional part of a general definition of misconduct and the employer will not be able to prove at a hearing you had received prior written warnings regarding this policy to prove your action may of been ..

evincing such willful or wanton disregard of an employer's interest as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability?

What state is this claim in?

Enough information to submit an appeal?

I'm not sure what you're asking, but if you want to know if I, myself would appeal for being fired for having a cell phone on me after a one time occurrence that fits with the concept conveyed in the latter part of the general definition of misconduct ..

inadvertencies or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not to be deemed 'misconduct' within the meaning of the statute.

Then yes, I would.

Chris



Aug 24, 2012
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i have a hearing for UI benefits next week
by: Anonymous

i was a shipping employee for a big company in a warehouse based in Illinois. One day i was working an overtime shift and some laminate flooring came to the dock not wrapped properly. it was a busy day and the boxes of flooring was a must go on the truck. i took it on but due to the absence of wrapping the flooring slipped and fell from a short height. 4 to six boxes ripped but the flooring was undamaged. i was told there would be an investigation as to why whom prepared the product. 3 weeks later i was fired for misconduct because they said it was over 500 in damages and i did not tell anyone about it. its been 2 months almost and my hearing is on aug 31 i was hoping to find some advice here.



The advice is all over this website anonymous .. when you can see that any advice is conceptual in nature.

You were discharged, which means the employer has the burden to prove you're guilty of misconduct .. as defined.

So you go right on and defend yourself, but me, I think it's better to go on the offensive and poke all the holes I can in that burden .. so it cannot be sustained. And anonymous .. you're the only one right now that can develop that argument based on what you know .. because I don't know any important details.

Personally, one error, such as you described it shouldn't be enough to rise to the level of what misconduct is in my mind.

Sounded like just one mistake in judgment.

A one time willful disregard of such a wanton and negligent attitude of those "employer interests" that any reasonable person would know it was wrong .. I'm skeptical the employer can sustain and here's why.

1. You didn't mention any prior warnings given to you about this type of careless act .. so you would definitely know your job was in jeopardy if it happened again.

2. Three weeks to investigate and arrive at a figure of $500 to show the harm it caused to their interests? Really? Coming close to the time it could become disconnected to the actual accident.

Now let me tell you what I think you might be missing.

You were discharged for a failure to report the damage .. which you say did not exist.

Bet there's a rule about reporting damage .. I'm sure .. even if you weren't the one that wrapped the product to the skid.

Of course .. I could go off and start asking you if at that moment in time .. when you noticed what had happened and ascertained that no damage had been done .. whether that was a one time error in judgment that without previous written warnings, cannot possibly rise to the level of work related misconduct.

Sorry anonymous, I no longer accept new questions that ask for advice in the Q&A's, but I do discuss in detail and elaborate on the concepts above to nail down an argument and suggest ways to improve what you're about to do .. defend yourself.

Chris

Mar 13, 2012
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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.

Dec 28, 2010
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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.

Dec 28, 2010
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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 22, 2010
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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"

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