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What do I do about getting unemployment benefits when fired for inappropriate behavior in the workplace?


(NC Unemployment Benefits)

What do I do about getting unemployment benefits when fired for inappropriate behavior in the workplace?


I worked in a division of Data Management called BRL and there is another dept called Updates that a girl works in that has had 2 employees quit because of the way she handles situations.
They would go to the Dept Manager and nothing would be done.

In July I was told I would be doing my job and helping in this other dept. In November a girl from yet another dept was moved over to Updates but I was still to help.

On January 13th I was called into the Conference Room and told that I would be required to do my job and Updates to help the girl but I was not to overwhelm my co-worker with BRL stuff if Updates got to much for me.

I was asked by a co worker what I would do if the girl threw me under the bus.

To no one person or to management, jokingly, I laughed and said I'll pull her into the parking lot by her hair.

The girl that the statement was made about wasn't there. She was out of the country from Jan 1st-Jan 19th. She is a friend of mine and I would never do anything of this mannerr to her or no one else.

I was called into the Conference Room on Jan 17th at 4:50 and told that I was fired because the Human Resource Manager over heard me through the shipping doors when I made the statement. I know for a fact and was also told by several people that there is no way you can hear through those doors, especially no louder than I was talking. I didn't mean anything by it, I have always gotten along with fellow employees, I would
have never done anything violent. I believe my co worker went and told that it was said. I have not had an evaluation or a raise since Feb 2007 and I had been requesting my evaluation for months. I was told that I could not go back to my desk, they would mail me all of my belongings.
I went to the ESC in Rockingham Co. on Jan 18th and they said that I could sign up on line so that is what I did. I feel I was wrongfully terminated and now my Character is defamed.





Answer
Hi,

One question before I send you to North Carolina's ESC precedent decisions. (it was not difficult to figure out what state you are in)

Have you ever been accused of threatening violence before or any other type of inappropriate behavior in the workplace?

One more thing .. you do know why the HR person is claiming to have overheard the conversation don't you?

I'll tell you .. So they can say, they are offering direct testimony at an unemployment hearing. What is troubling me is that the 13th .. when she supposedly heard you say this was on a Thursday .. and you were discharged on a Monday with no prior pomp and circumstance.

My question is if she actually heard it and felt that there was not need for any type of investigation into the matter .. since she was the witness .. why wait until Monday .. why not that day .. or Friday?

You would be wise to seek representation should they deny benefits so the cross examination of this person can be as effective as possible.

North Carolina unemployment decisions

Sorry, I cannot direct you to unemployment hearing representation due to NC laws about who can represent at a hearing.

Coaching sessions for the self representing.

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