• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wrongful Termination/Illegal Activity

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

wondersj

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

I was recently terminated for violating policy and procedure. I lost my temper and for that I deserved to be fired. A large part of this attitude change was being forced to watch my boss perform illegal activity. I had options but none were good. I could report it and the store would close down. I could not report it and let it eat away from the inside. I still have no desire to ruin the company or anyone in it. They have appealed my UE claim. My questions are..

Are these 2 separate issues or is this a legitimate reason to explain myself?

Am I the one who is wrong since I didn't report it?
 
Last edited:


Antigone*

Senior Member
What is the name of your state (only U.S. law)?Ohio

I was recently terminated for violating policy and procedure. I lost my temper and for that I deserved to be fired. A large part of this attitude change was being forced to watch my boss perform illegal activity. I had options but none were good. I could report it and the store would close down. I could not report it and let it eat away from the inside. I still have no desire to ruin the company or anyone in it. They have appealed my UE claim. My questions are..

Are these 2 separate issues or is this a legitimate reason to explain myself?

Am I the one who is wrong since I didn't report it?
These are two separate issues. You were not wrongfully terminated and you may have been complicit... who knows...

If there is illegal activity going on, let the police know. Aside from that, move on.
 

swalsh411

Senior Member
A single outburst or incident of losing ones temper is unlikely to disqualify you from unemployment. If however the employer can show a history of such behavior and that you have been warned it must stop then they may be successful in having you disqualified due to misconduct.
 

Antigone*

Senior Member
A single outburst or incident of losing ones temper is unlikely to disqualify you from unemployment. If however the employer can show a history of such behavior and that you have been warned it must stop then they may be successful in having you disqualified due to misconduct.
However, his termination whether this is a single solitary event is not wrongful.
 

wondersj

Junior Member
I worked in a restaurant. The GM encouraged employees to stay after their shifts and drink excessively. He would also run a BOGO shot promotion for certain employees.
 

quincy

Senior Member
I worked in a restaurant. The GM encouraged employees to stay after their shifts and drink excessively. He would also run a BOGO shot promotion for certain employees.
How is encouraging employees to stay after their shifts to drink illegal?

Are the employees underage?

Are the employees incapable of controlling their own drinking?

Is the employer standing over them and force-feeding them alcohol or energy drinks?
 
Last edited:

commentator

Senior Member
And I am venturing that "I lost my temper" can cover a multitude of actions. It will depend on what the OP did after losing temper that will decide whether or not he is approved for unemployment insurance. I once heard someone describe their actions as "I lost my temper" and when we got the employer's statement, this temper outburst had actually involved taking hostages and a stand off with the police.

No, OP you cannot justify your behavior which led to your firing as being because you were sick and tired of the alleged illegal behavior of your employer. You have the choice to quit, you have the choice to report your employer's behavior to authorities, but you do not have the choice of throwing some sort of tantrum and having all forgiven when you tell the unemployment hearing officer that the employer was allowing illegal activity to go on in the worksite. After all, it's sort of like accusing your soon to be ex spouse of molesting your child, isn't it? If it has happened for a long period of time and you're only bringing it up now, you were apparently okay with it until now. It does not justify the actions that got you fired.

What they will have to decide is whether the behavior you exhibited when you lost your temper rises to the level of gross misconduct. This means it was something so inappropriate that you should have known it was wrong to do even one time, even without the employer giving you warnings, writing you up and giving you a chance to change your behavior or not repeat it. Muttering an epithet under your breath and throwing down a dish cloth, that's maybe minor enough not to be considered gross misconduct. Throwing a tray of glassware on the floor, screaming curses at your supervisor, or punching out a co-worker? That's gross misconduct, and can get you fired, without approval for unemployment insurance.

If I were you I wouldn't even, in the course of this hearing you're about to have, even bring up and try to justify yourself because your employer's illegal activity. Because the unemployment system is not in the business of enforcing any other kind of law, they will not care what your employer is doing or how incensed you were about it. They just want the facts about the actual incident that led to your firing. They'll go with which of the two of you, you or the employer, is most believable in describing the events that took place. They'll decide if your actions rise to the level of gross misconduct, and by this, whether or not your employer was justified for terminating you or whether or not they should have reasonably overlooked your behavior and given you another chance.
 

HomeGuru

Senior Member
Maybe the general manager illegally offered all you can drink free booze without the owner's consent. Maybe the BOGO promo is considered gambling. Maybe the local liquor license law prohibits dispensing after designated hours even to employees.
 

cbg

I'm a Northern Girl
Or maybe, like so many other posters, what this OP thinks is illegal, isn't.
 

wondersj

Junior Member
HomeGuru and CBG got it right. Illegal and unethical. There were many liabilities created by the GM but obviously I was guilty of that myself by creating a hostile working environment with my grumpy attitude. If I had gone about it the proper way it never would have become a problem. Live and Learn. Time for me to move on.

Thanks for your time.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top