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Old 12-02-2008, 09:32 PM
 
4,250 posts, read 10,421,007 times
Reputation: 1484

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Quote:
Originally Posted by taurus430 View Post
Companies have this "at will" where they can fire you without giving a reason. But when I worked at my last company that was like that, I made sure I created a paper trail just in case. At times I felt like I was being set up but they did wind up laying me off as they did have financial problems.

Companies can fire you with no notice but if you resign, they require 2 wks notice, fair??
Not fair, and you guys have inspired me to do research. This agency is a 501c3 - not for profit. Yet when I log in my billable hours, it's on a Excel spreadsheet and you cannot imagine the margins. Do I have something to go on here? If so, I will blow the whistle.
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Old 03-30-2009, 02:02 PM
 
1 posts, read 7,068 times
Reputation: 10
Default Gross Misconduct

My husband was at a job for 21 yrs. they fired him they say b/c of misbehavior, now that the new cobra option is available could this stop us from obtaining the insurance? It was all politics they said he spoke to others re: company policys, payroll etc. personal stuff.
I think they just wanted to get rid of him and hire a jr. with a lot less pay.
also, if he was fired are we still eligibile for the new cobra?
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Old 03-30-2009, 05:18 PM
 
2,365 posts, read 11,103,490 times
Reputation: 696
Quote:
Originally Posted by ultrawiz View Post
My husband was at a job for 21 yrs. they fired him they say b/c of misbehavior, now that the new cobra option is available could this stop us from obtaining the insurance? It was all politics they said he spoke to others re: company policys, payroll etc. personal stuff.
I think they just wanted to get rid of him and hire a jr. with a lot less pay.
also, if he was fired are we still eligibile for the new cobra?

It sounds like they are going to fight him. If so, then he will need to go to his free/subsidized legal aid or go to an attorney. If a company doesn't fight you, then it is easy sailing. If they do fire you and have no proof, it is also easy sailing, but if they have what they think of is proof, then you will need legal assistance. There is a poster down below that just went thru this...and so, if you want specific information, I will look for his pseudonym.

But No, just because you are fired for misconduct, doesn't mean anything, since many companies bandy terms around , which is just a projection of what they would like it to mean. A good state for basic unemployment terms is Maryland! They have a great unemployment legal site: https://www.dllr.state.md.us/appeals/

You want to win the first time around. It is much harder to win on appeal.

good luck
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Old 03-30-2009, 06:06 PM
 
Location: NW San Antonio
2,982 posts, read 9,799,323 times
Reputation: 3355
If you are talking about the discounted COBRA benefits, then it has to be INVOLUNTARY termination, but for regular COBRA benefits you can always no matter how you are terminated receive them.
Quote:
The premium reduction applies to periods of health coverage beginning on or after February 17, 2009 and lasts for up to nine months for those eligible for COBRA during the period beginning September 1, 2008 and ending December 31, 2009 due to an involuntary termination of employment that occurred during that period.
Here's the DOL link to it. http://www.dol.gov/opa/media/press/ebsa/EBSA20090301.htm (broken link)

Last edited by sinsativ; 03-30-2009 at 06:12 PM.. Reason: added link.
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Old 08-18-2009, 06:20 AM
 
1 posts, read 6,761 times
Reputation: 11
Default Gross misconduct and cobra

Quote:
Originally Posted by movin'on View Post
I have this job and they are really putting the heat on. I don't want to get fired and not be able to collect COBRA benefits. If one is fired for gross misconduct one doesn't get to collect COBRA benefits. I looked on the Net and there really isn't a firm definition that I found. Can an employer just say that not meeting their performance standards constitutes gross misconduct?

I work for this crappy employer and am thinking about quitting before they get a chance to fire me - just in case.
Go to this site it may give a good definition. Your state may have an "AT Will STATE which means they can fire you for anything and you can leave for any reason. www.oneque.com/tips/grossmisconduct_exceptional.html (http://www.oneque.com/tips/grossmisconduct_exceptional.html - broken link)
Never quit! Just change your attitude, behavior and performance.
cry209
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Old 08-18-2009, 06:26 AM
 
2,017 posts, read 5,623,285 times
Reputation: 1680
Quote:
Originally Posted by movin'on View Post
I have this job and they are really putting the heat on. I don't want to get fired and not be able to collect COBRA benefits. If one is fired for gross misconduct one doesn't get to collect COBRA benefits. I looked on the Net and there really isn't a firm definition that I found. Can an employer just say that not meeting their performance standards constitutes gross misconduct?

I work for this crappy employer and am thinking about quitting before they get a chance to fire me - just in case.
Gross misconduct is for MAJOR things such as embezzlement, fraud, theft, etc. Even drinking on a job may not be gross misconduct (we had an employee who had a serious alcohol problem. He would come back drunk as a skunk after lunch and would sometimes miss up to a week at work for various things). He was not fired, they were kind. They laid him off (he got severance, continued healthcare for a time period, and then COBRA (if he chose).
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Old 08-18-2009, 06:40 AM
 
2,017 posts, read 5,623,285 times
Reputation: 1680
Quote:
Originally Posted by movin'on View Post
Not fair, and you guys have inspired me to do research. This agency is a 501c3 - not for profit. Yet when I log in my billable hours, it's on a Excel spreadsheet and you cannot imagine the margins. Do I have something to go on here? If so, I will blow the whistle.
Movin'on--- the nonprofit status does not mean that they can not make money-- it just means that they can't earn or post profit by the end of the year. So they can make huge margins, but as long as they distribute it across the company, projects, etc-- then it does not really matter (i.e. look at companies like the United Way, Red Cross, etc).

If you think they are fraudalently billing then of course that is another thing altogether. However, I am not sure if there are specific laws and practices that forbid it in your industry versus what is required in an accounting or legal industry.
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Old 08-18-2009, 06:55 AM
 
2,017 posts, read 5,623,285 times
Reputation: 1680
Quote:
Originally Posted by ultrawiz View Post
My husband was at a job for 21 yrs. they fired him they say b/c of misbehavior, now that the new cobra option is available could this stop us from obtaining the insurance? It was all politics they said he spoke to others re: company policys, payroll etc. personal stuff.
I think they just wanted to get rid of him and hire a jr. with a lot less pay.
also, if he was fired are we still eligibile for the new cobra?
Depends. I know a former coworker from another company. She worked there for 25 years. She was fired for misbehavior as well for some similar things-- her performance was unsatisfactory and she was always prying her coworkers for their salary rates, increases, etc.

She tried to fight it for UI as a wrongful termination. The company fought because they had proof. They had numerous customer complaints, they had complaints from other employees to management and hr, not to mention all of her performance reviews for the past years. They had documentation about some of her attendance issues, sick leaves without doctors notes, and warnings/write ups about talking about her personal payroll data with others.

Honestly, I think if she had not done the misuse of leave and gossip-- I think she would have been safe even with her lackluster performance as the company was usually too afraid to do anything if someone was over he age of 40 or a minority (in terms of performance).

However, your husband may have been wrongfully accused. I guess it would depend on how they told him/ showed him that he was going to be terminated. Sometimes they tell you pretty up front what you are being terminated for and how they came across the data. It is rather hard to know if they were not upfront. It is also hard to tell what kind of company he worked for in your post. From personal experience, I find that larger companies have to be more careful and tend to have more data to support their reasoning.
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Old 08-18-2009, 08:23 AM
 
26,585 posts, read 61,807,550 times
Reputation: 13161
Quote:
Originally Posted by lovetheduns View Post
Gross misconduct is for MAJOR things such as embezzlement, fraud, theft, etc. Even drinking on a job may not be gross misconduct (we had an employee who had a serious alcohol problem. He would come back drunk as a skunk after lunch and would sometimes miss up to a week at work for various things). He was not fired, they were kind. They laid him off (he got severance, continued healthcare for a time period, and then COBRA (if he chose).
Because alcoholism is considered a medical condition just like diabetes, they were wise to go this route. It's a really slippery slope when you are dealing with a chronic medical condition.

Had he not had the history of alcoholism and just been a "normal" employee who came back from lunch toasted, they could ahve canned him under "gross misconduct."
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Old 03-29-2010, 06:11 PM
 
1 posts, read 5,736 times
Reputation: 10
my boss fired me due to misconduct saying that i cost the company $29,000 because that amount in emergency invoices were never sent to the main office and billed so that the sub contractor could be paid. he's saying that it has put the company in financial hardship when the company was drowning anyway because of not having any money. is that reason to discharge for misconduct? and is that reason for me to be denied unemployment benefits? can someone please shed some light?
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