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Old 06-22-2009, 05:27 PM
 
10,992 posts, read 13,984,463 times
Reputation: 3124
Default What constitutes "misconduct?"

Obviously on the job misconduct includes harrassment and willful insubordination that can get one fired

But is it considered misconduct if no harrassment or willful insubordination took place, but instead because someone on the job(like the director of finance who is a bully and a cheat) thinks because you should be fired for another reason other then those things above ( ie say that the company has a systemic problem that they never came to terms for which they instead blame the employee for and thus the employee gets fired)?.

In other words, for these more subtle things that cannot necessarily be proven with witnesses, is that considered misconduct?

Or is that something that gets determined in unemployment court?

Also, if someone was fired from a job after working there for a very long time(say almost 20 years) because a bully cheat employee decided they wanted to fire you (but you never engaged in harrassment or willful insubordination), would a new prospective employer try to even attempt to find out why you no longer work there, or would they just assume that after 18-19 years "whatever happened, happened" and they would take you in because of your proven work record?.

I ask this because i am getting a bit neurotic about the possibility of losing my job. This happens all the time, been going on for years but I have never posted this type of concern before.

Also, if you are concerned about what an former employer will say about you to another employer, can a CRA (Consumer Reporting Agency) be hired on your behalf to investigate what is being said about you?

thanks you all for reading

RL
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Old 11-20-2009, 09:23 AM
 
3 posts, read 20,563 times
Reputation: 11
I have been through U.E. "court" and it is a joke. My ex-boss was a chamber member and I had to be lying because He was sooooo reputable!
I couldn't find work for several months, in a very demanded and demanding job field.
I took that job off of my resume and said that for that time I was working for myself.
Presto! I was hired at the first place that I applied that way!
I know that %#@ was telling crap even though he is only allowed to state whether I worked there and if I quit or was fired---Not reasons for.

You have a clear head to consider your avenues now, I hope you find good answers.
Sorry I am of no help.
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Old 11-20-2009, 10:03 AM
 
4,806 posts, read 10,883,273 times
Reputation: 4543
I've been through unemployment 'court' also, perhaps in another state as avantiservices, and in my state, the benefit of the doubt was given to the employee.

In my state, the state's standard was that it couldn't just come down to he said/she said. And the act of misconduct had to be 'willful' and/or 'deliberate'. It couldn't be an accident, a mistake, or a misunderstanding. Also any willful or deliberate act couldn't be a refusal to do something illegal or unethical.

Simply not liking someone was not grounds for ineligibility.

The chamber of commerce never came into play, as the court is a state agency and the chamber is a private business association. Their offices and their court handle records and cases for millions of people, they don't know the business owner or the employee from Adam, they are just reading paperwork that was put in front of them and listening to the evidence provided.

If you are still working for the company, I would get a record of anything you can. Any emails that were sent with a derogatory tone--email them home. Same for any emails of a praising tone. Keep a handwritten or typed journal of any verbal situations--time, date, who was involved, what was said.

If you want to know what a former employer will say about you, get a lawyer. Or ask a friend to call them up, posing as a potential employer. Most employers these days won't reveal more than dates of employment and your latest salary. A consumer reporting agency--that is, Equifax, Experian, and Transunion--won't do this for you. First of all because they just don't do investigations like this, they electronically collect numerical data, not qualitative and not verbally. Second, because the information you would be requesting is that of an employee, not a consumer. And third they don't turn over the outcome of such investigations in any manner other than on your credit report, and legally there are limits to what they can include on those reports--employer recommendations aren't one of them.
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Old 11-20-2009, 08:04 PM
 
4,384 posts, read 1,682,480 times
Reputation: 1612
I doubt there is a legal definition, and it probably differs from firm to firm, depending on the nature of their HR plan.
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Old 11-20-2009, 10:10 PM
 
Location: Texas
475 posts, read 912,267 times
Reputation: 234
Quote:
Originally Posted by rlrl View Post

Or is that something that gets determined in unemployment court?

Also, if someone was fired from a job after working there for a very long time(say almost 20 years) because a bully cheat employee decided they wanted to fire you (but you never engaged in harrassment or willful insubordination), would a new prospective employer try to even attempt to find out why you no longer work there, or would they just assume that after 18-19 years "whatever happened, happened" and they would take you in because of your proven work record?.

I ask this because i am getting a bit neurotic about the possibility of losing my job. This happens all the time, been going on for years but I have never posted this type of concern before.

Also, if you are concerned about what an former employer will say about you to another employer, can a CRA (Consumer Reporting Agency) be hired on your behalf to investigate what is being said about you?

thanks you all for reading

RL
First of all you can get fired for no reason, so don't worry about that. But the State unemployment agency will make the call if you get benefits based on the testimony of all parties.

And don't worry about a former employer saying bad things about you. They won't if they are smart.
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Old 11-20-2009, 10:12 PM
 
Location: Yellow Brick Road
34,510 posts, read 39,992,614 times
Reputation: 17919
Your company handbook should define what constitutes "misconduct." It could be such things as being intoxicated while on the job. However, you can be fired for nearly anything and if an employer wants to get rid of someone, he/she can almost always find some reason to do it, including just eliminating your position due to "reorganization."
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Old 01-09-2011, 10:21 PM
 
1 posts, read 15,870 times
Reputation: 12
Ive worked for walmart for 8 years and was fired for misconduct for coachings how can i win my appeal. 8 years for a company and now i get caned its not fair, i deserve my unemployment benefits, ive done anything and everything from working in the backroom to becoming a supervisor a leader and i even moved closer to walmart so i could get to work quicker.
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Old 02-21-2011, 07:49 PM
 
1 posts, read 15,529 times
Reputation: 10
Default I am in a similar boat

Would like to know your outcome?


Quote:
Originally Posted by MAC_WILL2 View Post
Ive worked for walmart for 8 years and was fired for misconduct for coachings how can i win my appeal. 8 years for a company and now i get caned its not fair, i deserve my unemployment benefits, ive done anything and everything from working in the backroom to becoming a supervisor a leader and i even moved closer to walmart so i could get to work quicker.
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Old 03-06-2011, 05:11 PM
 
2 posts, read 16,366 times
Reputation: 21
I would like to know too how MAC_WILL2 makes out. I'm in the same boat fired for misconduct and my second attempt at an appeal has just gotten denied! I'm getting a lawyer, there was nothing I did to substantially injure my employers business interests nor did I know the potential consequences! Heck, I wasn't even approched about the incidents until at least 1 month after the last incident! There were no correctives. Any advice would be grateful!
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Old 03-06-2011, 05:16 PM
 
Location: NY
749 posts, read 1,490,391 times
Reputation: 477
The moron who works in HR at the school district I worked for didn't have a CLUE what the term meant. I was let go under Civil Service Law 73 in NYS-for health issues after being out for health reasons for a year http://codes.lp.findlaw.com/nycode/CVS/V/A/73. She sent the paperwork INTO the state when I filed for UE, that I was fired for misconduct. I called her-she replied back "oh well that's what everyone else gets fired for so I assumed you did too". I told her if she didn't understand it-why didn't she ASK someone? I immediately called my boss-he called and gave her a new rear end. She had to straighten out that mess-it took 6 weeks to clear that up. Unfortunately I will never qualify for my old job again-although if I could-I'd be able to go back.
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