Is this willful misconduct?

[ewbanh0926]

What is the name of your state (only U.S. law)? Pennsylvania

I have worked for a para transit/ambulance company for three years and was terminated two days ago. I am responsible for checking out my company van each day to make sure it is in proper working order, but I made a mistake four days ago and did not properly check my tires. The upper management knew since the day before that the tire was flat and that the vehicle should be out of service but they left it in service and gave me the vehicle. I did not properly check the tires and wound up driving about a quarter mile, if even that, with a flat tire before the dispatcher told me to return since i had a flat tire. I have never had any issues before with improper vehicle maintenance in the whole time I have worked there, and there was also no damage to the vehicle resulting from me driving it. In the employee manual it clearly states that an employee will not be immediately terminated unless the offense is of an extremely serious nature (i.e. assaulting a superior, possession of drugs, etc.), and that offenses that are not of a serious nature will be dealt with in a progressive way (first step is verbal warning, second is written warning, third is suspension, fourth is termination). This is not the first time they have taken disciplinary action against me that did not follow this procedure. I need advice as soon as possible, as my manager has said that he is 90% sure they will win against me in court. I did look up "willful misconduct" on google but one of the requisites for it was that there must have been a rule that was clear and that the employee violated that rule. Like i said, it is a rule at my company that the employees check the vehicles each morning. I also have to fill out a sheet where I check "satisfactory" or "deficient" for different things, such as fluids in the engine, tires, turn signals, wheelchair straps, etc., and I handed in the form that day with my signature on it marking the tires as "satisfactory". However, on this form there are things we are supposed to check which we are not able to since we are not mechanics, such as transmission and suspension, so everyone simply checks these things as being satisfactory even if they're not sure if they are. Also, I am an "at will" employee, so I know that they can fire me at any time for any reason, whether or not it is fair. However, from the employee manual I was led to believe that I would not be immediately fired unless I did something of an extremely serious nature, and I do not think that what I did is on the same level as, say, assaulting a superior, or using drugs at work, which are the examples they give in the manual. Honestly, I believe that they were looking for reasons to fire me because I am a single mother and cannot work overtime when they need me to due to my childcare arrangements. They know that if they fire me for that, they will have to pay unemployment since it isn't something I can help. So is what I did considered "willful misconduct"? I would greatly appreciate any help. Thanks!

 

[Zigner]

Driving an ambulance away on a flat tire...sounds pretty bad to me. But, what are you trying to do? Sue for improper termination? I'd give you a 0% chance on that one. Qualify for unemployment? You have a slightly better chance there IMO...10% sounds about right.

 

[ewbanh0926]

I am not asking if I can sue them, since I am an "at will" employee. Also, I drive a wheelchair van, not an ambulance. I am asking if what I did qualifies as "willful misconduct" and would thus disqualify me from getting unemployment compensation. Also, my supervisor has repeatedly sent vehicles out on the road that were not in good working order after I told him that the vehicle needed to be taken to the mechanic (two vehicles actually broke down because of him and yet no disciplinary action was taken against him), and has even sent me on the road with wheelchair straps that were damaged.

 

[Zigner]

I am not asking if I can sue them, since I am an "at will" employee. Also, I drive a wheelchair van, not an ambulance. I am asking if what I did qualifies as "willful misconduct" and would thus disqualify me from getting unemployment compensation. Also, my supervisor has repeatedly sent vehicles out on the road that were not in good working order after I told him that the vehicle needed to be taken to the mechanic (two vehicles actually broke down because of him and yet no disciplinary action was taken against him), and has even sent me on the road with wheelchair straps that were damaged.

Lying about a safety inspection - yeah that's pretty bad. Apply and see what they say.

 

[swalsh411]

Here is the test in PA for willful misconduct when it comes to violation of a work rule: (in your case checking the tires)

#1. Does the rule exist and is it reasonable?

then

#2. Did the employee know about the rule?

then

#3. Did the employee violate the rule?

then

#4. Is the violation of that rule the proximate cause of the employee's termination?

If yes to all 4, then it's willful misconduct. You might be able to quality for unemployment if you can prove that the rule is not enforced consistently and other employees have driven with flat tires and not been fired. I think the chances of this aren't great though.

 

[commentator]

I think you should go on and file for your unemployment insurance right away, maintaining, as you did here, that this was not "major" misconduct; that you had had no prior warnings or write ups about this issue, and that you would have corrected your behavior if you had been given the opportunity to do so.

And your chances are fair. If they have not followed progressive disciplinary processes, I doubt if this will be elevated to the level of gross misconduct, in other words it was so bad that you should have known it should never happen and that you deserve to be fired even after doing it only once. examples of this are stealing, striking your supervisor, abusing a client, those kinds of major issues. Failing to check the vehicle tires carefully before driving it? Dunno. It will depend on how they call it, and then of course you can always file a second appeal if you don't win the first decision and have a hearing on it.

I don't think I'd mention that side issue of being a single mother who can only work yada yada yada. Just say you are able available and actively seeking another job.

 

[RnsWiffScissors]

You essentially falsified safety records - which could be seen as grounds for immediate termination. What were your previous disciplinary actions for?

 

[swalsh411]

Your single mother status is completely irrelevant. Unemployment is not needs-based.

 

[ewbanh0926]

My previous disciplinary actions were for things completely unrelated to this issue. One was for being late to work, and another was for not getting to a patient on time because I had a hard time finding the patient's residence (I was only 6 minutes late). I know that my status as a single mother has nothing to do with unemployment. I was simply stating that I feel my supervisor was harder on me than he was on other employees because I am not as flexible as they are with working overtime due to my childcare arrangements and also because I have to miss work a little more often than others due to issues with daycare being closed, child being sick, etc. However, I know there is nothing I can do about that anyway since I am an "at-will" employee.