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Since it's apparent the OP is still following this thread, might we ask the OP what his state unemployment office said about unemployment insurance, if he is eligible?
And I'm assuming he's also talked to employment law experts to see if he has a case for being 'unfairly' fired based on a he said/she said thing?
Since it's apparent the OP is still following this thread, might we ask the OP what his state unemployment office said about unemployment insurance, if he is eligible?
And I'm assuming he's also talked to employment law experts to see if he has a case for being 'unfairly' fired based on a he said/she said thing?
Awaiting updates.
I talked to the unemployment office they said the adjudicator has to make that decision.
Since it's apparent the OP is still following this thread, might we ask the OP what his state unemployment office said about unemployment insurance, if he is eligible?
Probably eligible but disqualified for misconduct.
Depending on the company, they tend to coward to threats of lawsuits unless ALL required paperwork is there.
You can claim discrimination, etc. Many companies have some type of "coaching" required for disciplinary issues they must follow to show there is a written track record of both education, "coaching" within their writtenpolicy.
It depends on both the size and how corporate the business is. You could just have your boss on the hot seat if everything was not done correctly.
If your state is an employment at will state .Nothing. They can fire you for no reason at all. If you are denied unemployment benefits you may request a hearing and fight that.
True employment is "at will", but we both know that's not how the real world of employment law works.
Generally there has to be a written record of education on written policies as well as some type of "coaching" or disciplinary process that is the same for ALL employees to protect against discrimination/wrongful termination claims.
The company can very much be sued regardless of the "at will" status.
That doesn't mean the OP would win or even has a case however.
As for unemployment, I am not familiar with the requirements.
So OP I guess the question for yourself would be was there a documented process of education of company policies as well as written process of disciplinary action that is adhered to all employees.
Ask those questions to yourself to see if you have any case.
1. Do you think that you played ANY role and carry any responsibility for the actions that led up to this point? Be honest with yourself as hard as that may be, and if the answer is yes, then move on. Learn from the experience and don't repeat it. Saying "I don't remember" is a giant red flag that basically tells everyone else that you know you did something wrong but don't want to admit it. The answer is either, "Yes I did it, but it was an accident", "Yes I did it purposefully", or "No I did not do anything".
2. What would the two witnesses gain from getting a co-worker fired? Don't look for the quick answer of "Well, they may get my job" or "They didn't like me" because those aren't root cause issues. If they didn't like you, ask yourself WHY. There may be an underlying cause.
3. How many times have you been in trouble at work and why haven't you moved on already and started over with a clean record? If you have been deemed a trouble maker at work chances are that management has been watching you like a hawk.
4. With a SH claim against you (won or lost) and two witnesses to this event, how do you intend to prove there was no misconduct? It will be an uphill battle that you are not likely to win. And even if you DID win, what do you hope to gain?
My suggestion to you is to take a long hard look at yourself while job searching and see if there are areas in which you can improve yourself so that these issues don't repeat on the next job. There are always areas we can improve upon and ways that we can avoid going through these types of issues. We just have to be willing to accept at least some responsibility in the actions and learn from those.
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