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  1. #1
    nurseaid is offline Junior Member
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    Definition for willful misconduct

    What is the name of your state? PA

    Can somebody give me a clear definition of willful misconduct?
    Relating to Unemployment Compensation.

    I was nurse aid for 4 years at a major hospital.
    Had some previous attendance issues over a year ago.

    Then a paitient complaint that was unjustified ..
    But they didnt look at it that way and called me into the office a month later and terminated me.

    Never once asking about the incident ..

    So I am waiting UC benefits and wondering the def of this willful misconduct.

    Thanx.
    Do you think I will recieved benefits if the hospital doesnt respond to the UC letter for determination?
  2. #2
    mlane58 is offline Senior Member
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    Of all the states that I delt with in reagrds to unemployement I have found that in order to disqualify a former employee from receiving unemployment benefits when discharged, the employer bears the full burden to prove "misconduct" connected with the work. Moreover, that misconduct must be knowing, intentional, willful, etc. In other words, it is a fairly heavy burden upon an employer.

    "The term 'misconduct' as used in (the disqualification provision) is limited to conduct evincing such willful or wanton disregard of an employer's interest as is found in deliberate violations of disregard of the standards of behavior which the employer has the right to expect of his employee. On the other hand, mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not to be deemed 'misconduct'

    I hope this helps
  3. #3
    Beth3 is offline Senior Member
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    mlane did an excellent job of explaining that.

    Do you think I will recieved benefits if the hospital doesnt respond to the UC letter for determination? More than likely, yes.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  4. #4
    mlane58 is offline Senior Member
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    Thanks Beth, I do have an off day in HR every once in a blue moon.
  5. #5
    nurseaid is offline Junior Member
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    Thanx

    I want to thank you all for the quick responses...

    I guess I will wait as I feel iI am close to the 15 days thatthe company had to respond.

    So now its just a waiting game..

    again Thanx!
  6. #6
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    Quote Originally Posted by nurseaid
    What is the name of your state? PA

    Can somebody give me a clear definition of willful misconduct?
    Relating to Unemployment Compensation.

    I was nurse aid for 4 years at a major hospital.
    Had some previous attendance issues over a year ago.

    Then a paitient complaint that was unjustified ..
    But they didnt look at it that way and called me into the office a month later and terminated me.

    Never once asking about the incident ..

    So I am waiting UC benefits and wondering the def of this willful misconduct.

    Thanx.
    Do you think I will recieved benefits if the hospital doesnt respond to the UC letter for determination?
    I am also in PA. In May 2004 I was fired for leaving the premises early without notification (lie number 1 on my employers part because i did make the proper notifications) and being absent without calling off (lie number 2 because I did call off). I had unjustified false complaints against me as well (I was written up for "cursing at store employees and customers" a full month after the alleged incident took place. And I was written up for "failure to comply with instructions" which alleged that I didn't change the garbage bags when I, in fact, did. The UC investigators determined that there was no willful misconduct on my part for neither the early departure or the absenteeism and I was awarded UC benefits. The downside is that win or lose your UC case, it will not stop your former employer from bringing up the allegations to prospective employers so be very very careful. I've been out of work for 14 months and I have put in many job applications and yet no one has called me. Sometimes filing for, and winning, UC for wrongful termination can cause a future prospective employer to put your application in the circular file (aka the trash can).
    Last edited by General Stoner; 07-13-2005 at 11:49 AM.
  7. #7
    cbg
    cbg is offline Senior Member
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    If you are putting in job applications but not receiving any calls for interviews, it is about 99.999% certain that your former employer has nothing whatsoever to do with it. Contrary to what many people appear to believe, few if any employers have either the time or the resources to make reference calls before they decide who to interview. Rather, they decide who they want to see on the basis of the resumes/applications, and only check references on their top few candidates AFTER the interviews.

    Also contrary to popular belief, receiving unemployment benefits does NOT mean that you were wrongfully (illegally) terminated. It means only that you were terminated for a reason that does not disqualify you for benefits under your state laws. The vast majority of people in any state who are receiving unemployment benefits were legally terminated.
  8. #8
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    Quote Originally Posted by cbg
    If you are putting in job applications but not receiving any calls for interviews, it is about 99.999% certain that your former employer has nothing whatsoever to do with it. Contrary to what many people appear to believe, few if any employers have either the time or the resources to make reference calls before they decide who to interview. Rather, they decide who they want to see on the basis of the resumes/applications, and only check references on their top few candidates AFTER the interviews.

    Also contrary to popular belief, receiving unemployment benefits does NOT mean that you were wrongfully (illegally) terminated. It means only that you were terminated for a reason that does not disqualify you for benefits under your state laws. The vast majority of people in any state who are receiving unemployment benefits were legally terminated.
    You're right but in my particular case my employer lied, my employer got caught in her lies and yet the joke is on me. Some of the legalities of termination are too extreme like terminating someone because they sneeze a little too loud or terminating someone because you don't like them (which would be grounds for an employer to undergo psychiatric treatment). I'm surprised someone didn't write a book called "Stupidity And The American Employer" because I am very certain it would be number 1 on the New York Times Best-Seller list. Congress, the Supreme Court and the individual States need to get on the ball because terminations for legal (but very very stupid) reasons is way out of hand.
    Last edited by General Stoner; 07-13-2005 at 01:20 PM.
  9. #9
    Tmj020 is offline Junior Member
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    Willful misconduct

    Can someone please explain what Willful misconduct means,

    I worked in a Hospital as a Senior Unit aide, I was fired for making an unappropriate/unprofessional comment to a co worker. No idea what was said or to whom.

    Like many I was called in the office, Said you made unappropriate/unprofessional comment to a co worker. Your terminated.

    My insurance claims I do not qualify for the "termination clause" cause I of willfull misconduct.

    I sure like to know what rights I have, This was not intentional
  10. #10
    cbg
    cbg is offline Senior Member
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    The definition has not changed in the six years since this thread was started.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  11. #11
    Beth3 is offline Senior Member
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    My insurance claims I do not qualify for the "termination clause" cause I of willfull misconduct.

    (a) What does your "insurance" have to do with any of this? and (b) whether your comment can be categorized as willful misconduct depends upon exactly what you said.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  12. #12
    commentator is offline Senior Member
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    Of course we have this on going tangle of garbage because people have trouble distinguising between the work of employment and the world of unemployment compensation.

    Unemployment benefits were set up to benefit someone who is out of work through no fault of their own. In other words, if the employer just hates you and you really chap his butt, then he has the perfectly legal right to fire you without a reason. BUT, if you have worked there (or somewhere) long enough to have monetary benefits, you can apply for, and possibly be approved for unemployment benefits in this case.

    As mlane so aptly put it, all those years ago, it's up to the employer to prove WILLFUL job related misconduct, in other words, whether or not the worker had control of his/her actions, knew that what he/she was doing might lead to the lose of the job, and chose to do it anyway. And even if they chose to shoot a police officer down or rape someone, until he/she has been charged or taken away, if the employer fires him, this will probably lead to an approved claim, because it was not job related misconduct.

    But if this most recent OP was called in with no prior warnings and no knowledge of what cause the employer is saying they have, there is a pretty good chance of being approved for benefits. This person will just have to file and see. The "insurance" issue, is it that you don't qualify for COBRA because you were fired for deliberate misconduct?
  13. #13
    Tmj020 is offline Junior Member
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    Quote Originally Posted by Tmj020 View Post
    Can someone please explain what Willful misconduct means,

    I worked in a Hospital as a Senior Unit aide, I was fired for making an unappropriate/unprofessional comment to a co worker. No idea what was said or to whom.

    Like many I was called in the office, Said you made unappropriate/unprofessional comment to a co worker. Your terminated.

    My insurance claims I do not qualify for the "termination clause" cause I of willfull misconduct.

    I sure like to know what rights I have, This was not intentional
    My insurance is a Mortgage insurance I pay extra for in case of lay off, Involuntary termination or hurt and can't work
  14. #14
    cbg
    cbg is offline Senior Member
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    Well, then, it's up to them to determine what is "wilful misconduct" under the terms of the policy. There is no legal definition that is binding on everyone.

    Next time you have a question, start your own thread instead of hijacking one that is several years old.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.

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