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Unread 09-12-2009, 06:54 PM
 
1 posts, read 7,484 times
Reputation: 14
Default Fired for alleged gossip, will I get unemployment benefits?

I was fired for 'unprofessional behavior' and my employer accused me of gossiping about my supervisor behind his back, which I did not do and I told them I had witnesses to say that I did not. In my letter they said I have been warned about my behavior but I never was. It is being investigated by an outside party now.

I am really scared I won't get unemployment. Will I? I have already ben put through enouhg hell being fired for false accusations and things that people made up, I don't want to have to go to court over unemployment.
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Unread 09-12-2009, 07:07 PM
 
21,280 posts, read 27,020,938 times
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Generally speaking, unless you are fired for gross miscondust, you'll get unemployment. I'm not sure that gossiping would be considered gross misconduct.
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Unread 09-12-2009, 07:14 PM
 
Location: Baltimore
1,749 posts, read 3,905,944 times
Reputation: 1582
It may depend on what they mean by "gossiping". I know two people who were fired for talking about another employee's salary and performance bonuses. At least one of those people was denied unemployment benefits (I don't know what happened with the other). The one that I know was denied benefits had access to personnel information because he was one of the information technology employees and saw the information while trouble-shooting a computer glitch. A lot of employers treat that type of information as highly confidential, and therefore may consider any "gossip" about it to be gross misconduct.
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Unread 09-12-2009, 07:29 PM
 
Location: New Jersey
3,814 posts, read 7,398,627 times
Reputation: 902
Quote:
Originally Posted by annerk View Post
Generally speaking, unless you are fired for gross miscondust, you'll get unemployment. I'm not sure that gossiping would be considered gross misconduct.
You don't specify in which state you'll be filing for unemployment. In New Jersey (where I am located), if you are determined to have been terminated for "gross misconduct," you would be denied benefits. This is most often the determination in cases of violations that rise to the level of a criminal offense under New Jersey law.

If you are determined to have been terminated for "misconduct" -- generally a violation of your employer's policies or procedures, or other actions below a criminal level -- you do receive unemployment. However, as a penalty for the misconduct, the start of your payments is delayed by several weeks.

The determination of the reason for termination is made after you file for unemployment. The state collects information from your former employer and from you. Both sides are informed in writing of the determination.

Under law, you have the right to appeal any determination that is made about your eligibility for benefits.

Check with your state's Unemployment administration for the rules of eligibility.
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Unread 09-12-2009, 07:49 PM
 
Location: Long Beach, CA
2,074 posts, read 7,709,429 times
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In California, the only sure factor for you to receive unemployment is due to the lack of work. Otherwise, you do not qualify. You have to be available, ready and able to work anytime. Whiny about a company policy, co-workers will not do it. However, I hope it all works out for you.
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Unread 09-12-2009, 08:06 PM
 
Location: New Jersey
3,814 posts, read 7,398,627 times
Reputation: 902
Quote:
Originally Posted by Paula Lynn View Post
In California, the only sure factor for you to receive unemployment is due to the lack of work. Otherwise, you do not qualify. You have to be available, ready and able to work anytime. Whiny about a company policy, co-workers will not do it. However, I hope it all works out for you.
To qualify for unemployment benefits in New Jersey, you have to be unemployed "through no fault of your own" -- which is why the whole controversy over "misconduct" and "gross misconduct."

Once you are determined eligible for benefits, to continue receiving benefits you have to be available, ready, and able to work at any time.
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Unread 09-12-2009, 08:31 PM
 
95 posts, read 128,884 times
Reputation: 26
when i worked at a large manufacturing plant with 700+ women, there was alot of gossiping going on. i worked with one of my close friends from high school and we talked alot. she had a daughter and had just divorced her husband. he was abusive and always threatening to take about her daughter. she was was living with a person who worked with us too. her roommate did not like me, not sure why, but i didnt care for her either. the roommate and me had a mutual friend. one day this friend was talking to me about my high school friend. she made statements along the line that my friend abused her daughter, locked her in the room while she sleep with men, made her wear dirty clothes, was nasty, etc. i had watched my friends daughter and knew most of it to not be true, who she slept with wasnt any of my business, but i could account for the neglectful part. for about a week i struggled not to tell her, then one day she comes to me full of tears and tells me that someone called child protection on her and her x was going to take her daughter. i knew her roommate had been making the calls and had told all these things to her x. we were getting off work, so we stepped out in the parking lot and i told her who and what was said. i gave her advice one how to handle it. 3 days later i was called into the hr department. i was asked about the incident. i told them exactly what happened. the roommate had come to hr and wanted me fired for gossip. my friend was called in and asked about it.

to sum this up, though all of were "gossiping" i was the only written up and given three day suspension with pay. i was told i created a hostile workplace by telling my friend. i returned it by saying this was my friend before this job and she will be my friend after this job and i was off the clock. shortly after this incident, the handbook was amended under gossiping to note that friendships are an exception and that if anyone gossips about ones friend they will be written. if the rule had been amended prior too my incident, the other would have been written. i didnt complain about the three days off and i was quitting in the next few months to go back to school, so it didnt matter.

i later talked to a person from the GADOL. she was a person i had worked for parttime when i was in high school in JTPA and she told me if i had been fired for this incident, it would be wrongful termination. i would get unemployment and i could have a lawsuit. it would have been a nuisance lawsuit, but the company was in the wrong. she had aided them in the writing of the handbook.

so, if you gossip caused a hostile workplace, then you will probably not be able to get it. gossip is a vague thing. did they tell you what you were suppose to have said? did you get a separation notice and what did it say?
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Unread 09-12-2009, 08:40 PM
 
3,220 posts, read 3,662,982 times
Reputation: 1811
Your employer used a low-blow tactic of cutting payroll while using an lame excuse (gossip in this case) that'll sound legit for firing as well as so then not to possibly have to pay for your unemployment income.

What is this country coming to?

I think
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Unread 09-13-2009, 04:50 AM
 
Location: Las Vegas
6,986 posts, read 12,328,241 times
Reputation: 7891
File and if you are denied, fight it. Appeal.

Chances are they will back down if they don't have a good case against you. If all they have is hearsay, they will almost certainly back down. Read up on this stuff a little.

You and your friend Cindy are in the breakroom and you tell her you hate your boss, Paula. Ann just happens to overhear your conversation and tells her boss, Steve. Steve and Paula get together and decide to fire you. Problem is, all they have is hearsay. Neither of the firing managers heard you say anything about anyone. They chose to take the word of a second party.

If you or Cindy should happen to be questioned about anything similar to this, think really hard about how to answer. How could you possibly REMEMBER anything about it? Don't laugh. This has worked for presidents and politicians for years.
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Unread 09-13-2009, 05:31 AM
 
95 posts, read 128,884 times
Reputation: 26
it seems kinda petty to me that someone can get fired because they tell someone they dont like them or they talk about how this person is cheating on her husband or how the boss is a brown nose.

words are words and actions are actions. now if the person ran off customers or made threats in one thing, but just words. i think companies see how things are going economically and dont want to pay out the UI. they think the government is extending these benefits, so if we lay this person off they can sit on their butt for 79 weeks and draw a check. so they get ridiculous with the rules until the weed out who the think are the bad guys.
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