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Non-intentional policy violation, fired for misconduct

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lisaliv

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I was terminated from a temporary position (working not through an agency, but paid directly by the employer). I applied for a full time position in the department I was working in, which I was encouraged to do. The hiring manager was the head of the department I was already working in, and she was aware I had applied. She sent me to the HR dept to get the applications for the position. I was handed the applications from HR in a folder, not a sealed envelope, and I thumbed through them to see if mine was included. When I didn't see my application, I walked back into HR and asked why mine hadn't made the cut. (Which is beside the point, mine wasn't included, because I hadn't filled out the application properly. The employer was a state university, and the application is long and detailed.) I went back to the office and told my supervisor that my application hadn't made it into the crop of applicants, and she was disappointed for me. The next day my supervisor and her supervisor (the head of the dept who sent me to get the resumes, also the hiring manager) both received an email from the HR Director that me looking through the applications was a violation of confidentiality and HR strongly advised I be terminated. So my boss had to fire me, even though she didn't want to.
So I was fired for violating a policy I was unaware of (and was never made aware of). They denied me unemployment benefits. I have sent in the appeal form and waiting for a hearing notice.

- Do you think I have a shot at getting the determination reversed?
- And/or any advise what I should say/not say at the hearing?
- Should I state these things at the hearing:
My job entailed handling confidential donor information and keeping it private, of which there was never any issue.
Nothing was said to me by HR when I asked why my application wasn't in the folder. If this was a violation of such a major policy, it seems they would have taken the applications away from me or at least have told me I shouldn't look at them.

I hope someone has some input for me here. I really need those benefits.

Thanks in advance.
 


ecmst12

Senior Member
I think what you did was stupid, and you should have known better. But I also think you have a decent chance of winning your appeal.
 

eerelations

Senior Member
I think what you did was stupid, and you should have known better. But I also think you have a decent chance of winning your appeal.
But just for being reinstated into the postion that you previously had (however long that contract goes), not for the position you applied for.
 

Hot Topic

Senior Member
The OP admits to flipping through the folder of applications to see if his or hers was included. The OP also admits that the application was not properly filled out, the excuse being that it was "long and detailed."

I think the heart of the issue is the entitlement of a temporary worker to benefits. Unless the OP is in a protected class or has signed a contract, it appears the termination wasn't unlawful or even unfair, considering the OP couldn't even fill out the application correctly.

HR probably figured that common sense would dictate that the OP not look through the applications. They apparently were wrong.
 

Beth3

Senior Member
Do you think I have a shot at getting the determination reversed? Yes. I don't think what you did amounted to willful/gross misconduct as defined in State UC statutes.

- And/or any advise what I should say/not say at the hearing? Just be honest.

- Should I state these things at the hearing:
My job entailed handling confidential donor information and keeping it private, of which there was never any issue.
Sure. It's somewhat relevant.

Nothing was said to me by HR when I asked why my application wasn't in the folder. If this was a violation of such a major policy, it seems they would have taken the applications away from me or at least have told me I shouldn't look at them. You should have known better. They didn't say "Feel free to look through these and then give them to your boss," right? The file was meant for your boss to review, not you. Unfortunately, you demonstrated that you have poor judgment and are not entirely trustworthy, which is why they fired you. I'd guess the State will award UC benefits though.
 

Alex23

Member
I would have fired you, too. Next time you go reading documents that aren't meant for you and you don't like what you see, don't be so obvious about having read the docs. You could have delivered the folder to your boss and then ask her the status of your application.
 

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