Search This Site.

Misconduct..so They say.

by A.
(Massachusetts)

I was an employed as a concrete finisher/ job forman. Worked for the company for 6 years. One morning, before punching in, some of us were brought into the office along with 3 supervisors, and a head boss. The boss was obviously upset, all red faced stating that he was f'ing pissed and ready to fire someone about an issue that had supposedly taken place on a job 2 days prior. Apparently it was a job that I was on with another co-worker... who was strangely not invited to said meeting. The boss went on to say that he heard someone had "mouthed off" to an inspector on site, and now he couldnt continue the job at present time. All other co worers were ased to leave, just myself and the boss, and supervisors remaining. I told them my story, I was onsite with another worker... had clocked out for the day, when a super asked "where the concrete workers were?" When responding to him, he told me something was not done properly, so me and my co worker fixed the issue..still clocked out.... and prepared for our 3 hour..unpaid... ride home. After explaining this...and that I never did speak with or even saw an inspector... I said to my boss.. you are looking like you are going to fire me... and he said...just about to. I did at this time get understandably upset, and insist that there was no inspector, and how could they fire me for something I didnt do?? Words were exchanged by my boss and I, and he made a move towards me.. I told him "go ahead hit me.. I'll sue you" He stated he had nothing, and to get out off his property and I was fired. I emptied my work truck, and a fellow worker gave me a ride home.

The next day, I recieved a certified letter at home, stating I was disinvited and not allowed back on company policy, and if I did, the cops would be called. It also was CC to the police dept.
(Later that night one of the supervisors called me to let me now that it came out that I was right, in fact there was No Inspector on site that day.)
I opened my unemployment claim, stating I
was fired, and few days later I was contacted by a rep, I told her exactly what happened, also that my boss had called me like 4 days later wanting to talk and "clear the air" he stated. I basically told him where he could go, that I had broken my back for his co. for years and was just discarded for whatever reason. But I did as him not to fight my unemployment as he knows I have 4 kids that have to eat. His response.. Lets see how that plays out.
I recieved a letter today stating I was diqualified for benefits stating misconduct. And I am of course requesting a hearing, what do you you thin my chances are?
key points.... brought into a meeting, off the clock, and accused of something I did not do, the only person that was my witness to this was not present.
We did argue, I will not dispute that,
After recieving the disinvitation letter, the following day, I did text him not so nicely.
When speaking with the unemployment rep, she informed they stated the police dept had to escort me off the property...and this never happened..no police were ever called.

Thanks in advance for any advice, I do appreciate it.


Misconduct .. Or So THEY Say



Hi,

Guess you know now .. four kids of an employee, won't usually be good cause to not fight unemployment benefits.

If things went down the way you say,.. I think there's a chance you could win an unemployment appeal hearing. But, your chances might be improved if you work on discrediting the employer you tell me, lied, aka misrepresented facts to the unemployment department about what what brought this final incident to an end.

Can you prove the police were not called and the employer's assertion to the MA UI department, that you were never escorted off the property is not a fact?

Key point! Just saying, if you know it's the hearing examiner given wide discretion to decide who told the most credible story at the hearing, it's best if you can take some of the guesswork out of that headache .. for them?

As for the inspector thing .. I'm clueless if this relates to something more important about your job.. or not.

Comments for Misconduct..so They say.

Average Rating starstarstarstarstar

Click here to add your own comments

Rating
starstarstarstarstar
To: Because I Cussed
by: Chris - Unemployment-Tips.com

So .. are you telling me that's all you know about the incident causing your employer to fire you?

Or, are you trying to say, what you told me, is the only thing relevant for me to consider whether the employer can, or can't prove you guilty of misconduct connected to the job?

Rating
starstarstarstarstar
Because I cussed?
by: Anonymous

I had a disagreement with an employee I was trying to help his girlfriend with her job he was misinforming her I told him he was telling her wrong..He glares at me grits his teeth..I said your not the fucking line leader and he says cuss me again..I said what are you gonna do? What the fuck are you gonna do? He said I'll cut you I'll kill you... So now im facing misconduct because I cussed??? With unemployment??No warning or write up..

Rating
starstarstarstarstar
For: Employer is not fighting benefits, but state refuses to give me benefits.
by: Chris - Unemployment-Tips.com

I might be able to explain, but not without knowing certain details surrounding the circumstances of how you came to be separated from your last employer.

Rating
starstarstarstarstar
Employer is not fighting benefits, but state refuses to give me benefits.
by: Anonymous

I have an employer that is not fighting at all against me receiving my unemployment, but YET the state is refusing to let me have it.
Would you guys understand why that is?




Rating
starstarstarstarstar
fight appeal to end
by: Anonymous

for all of you that are fighting to recieve your benefits. do not give up i have fought my employer for a year going back and fourth with board of review because law judge made several mistakes and i had to have several hearings. i had my last hearing 4/12/10 and recieved answer on 4/15/10 decision was reversed in my favor.. received all my back pay on 4/21/10. so it shows if keep fighting you can win . oh this is in Illinois.


Oh my!! Good news at last. I think you ought to write your success story instead of just adding a tiny little comment that probably won't get much notice .. It's not easy to appeal hearing decision with a good outcome .. tell us which mistakes made it possible for another hearing which finally allowed benefits.

Regardless if you do or not CONGRATULATIONS!!!

Chris

Rating
starstarstarstarstar
misconduct
by: GORDY

hang in there alex. i was discharged from my job for suposebly threating my supervisor saying i was going to kick his ass . this all happened because he ecused me of smoking in the bathroom of the warehouse and he failed to believe i wasn't and i lost my temper call ing him a mother ..... but never trheatened him . i went around and around with the alg. and board of review over this. my emplorer insisted i was warned i couldn't make threats and claimed i knew the rules of the company. i appealed again and asked for proff of thee written warning and to show the company rule book. had my hearing and my employer could not show proof of a warning or rule book because in the 11 year period i worked there there never was a company rule book or did i recieve a warning. decession fronm law judge was my employer failed to prove i was discharged for misconduct under the act 602a. and i was awarded my year's worth of unemployment. NEVER GIVE UP STAND FOR WHAT IS RIGHT> good luck alex

Rating
starstarstarstarstar
THANKS
by: ALEX

Exactly... The people that were left in the room are all buddy buddy friendly with the boss, and I know they will take his side if needed. Even in speaking with some guys I am still friendly with, they kind of let me know that, because they need their job,it would be hard for them to speak up against the company, which I fully understand, they have their own families. Hopefully I wont need that. Do you know if I am able to request the statements the company sent into unemployment regarding the situation?


You should be able to contact the claims department and request the entire file they have.

Click here to add your own comments

Return to Can I get unemployment if I have been fired?.

} }