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Is it Work Misconduct for Eating Stale Taquitos?

by Brad
(Oklahoma)

I am in Oklahoma and was fired from my job for:


"Dismissed for Violation of the Employee Honest Policy, and theft. They said I was observed on video and I admitted to consuming merchandise on multiple occasions and not paying for it."

When I was at work one night I went to go throw away some “Stale Taquitos” on the grill and I ate one before writing it off in the computer, since we’re allowed to eat “Stale Taquitos”. They're saying eating the Taquito was theft.

And a few other nights at work I ate “100% Written-Off Stale Sandwich’s”. I have seen Managers, and other people who would eat them all the time and I didn’t think it was something that was breaking the rules, seeing that nothing no policy was enforced when others did it, and that I was not given any prior warning. They're saying this was "Violating The "Employee Honesty Policy"

I filed for unemployment but was denied, and I sent in my appeal for a hearing.

Do I have any chance of getting benefits?


The real question you need to ask yourself



Can you .. or will you answer your own questions as to how to rebut the Taquito eating on video was actually stale enough at the time, for you to reasonably eat it without facing any consequences of violating a rules through use of any other employer policy allowing stale food to be eaten by an employee.


Brad .. I answered your question already in relationship to your chances, after you made a comment to this question about chances for a board appeal .. even though your appeal isn't to a board of review .. at least not yet.

But since the email you entered for notifying you when/if a comment was published bounced back as an invalid address .. I'm attempting to answer you this way .. hopefully.

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