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Denied Unemployment benefits

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galelio47

Junior Member
What is the name of your state? Michigan

I was recently terminated from my job and denied unemployment benefits. The determination notice stated "You were fired from your company for soliciting an undercover police officer. Your actions put your company's reputation in jeaopardy. Misconduct has been established. It is found that you were fired for a deliberate disregard for your employer's interests.

A few points-- I am a delivery driver. I was on a mileage run out of state and on (I say)'personal time' at the time of the arrest. Away from the vehicle and out of uniform. I am paid by the mile when out of state and by the hour when delivering in the state. Layovers and downtime are accepted as a general rule. I have an at-will contract. My employer was informed by the arresting officer by phone, and act by the arresting officer which I have adressed to his superiors that I felt the circumstance did not warrant. I bailed out and made my next morning pickup assignment. Upon completion of the assignment and prior to a conviction (which was a $100 fine) My employer fired me. Was I on Personal time and does my degree of misconduct warrant termination? Should I be denied my unemployment benefits?
 


Beth3

Senior Member
Was I on Personal time and does my degree of misconduct warrant termination? You were on a business trip at your employer's behest and were arrested for soliciting a prostitute. I would have terminated you as well.

Should I be denied my unemployment benefits? Apparently the State feels benefits should be denied and theirs is the only opinion that counts.
 

ENASNI

Senior Member
Dang

Dang Beth are you made of Steel or what...
I sure could learn how to be a nicer person by reading your posts...
Soooo. I will not comment on this posters..... thread.....
But boy is he lucky IAAL is not here.

Kudos to you as always Beth. :)
 

galelio47

Junior Member
ok -- I was at my employers behest--hmm -- I thought I had taken a course not to involve my employers interests. The same run made often before could take 24 to 48 hours -- how I spent my personal time had never before been in question. Are there any quidelines that are standard in the state that determine degree of misconduct-- ie in the unemployment booklet it seems to imply that it in the case of a traffic arrest the employee has to lose 10 work days. I agree I did wrong. But wasnt the case eventully handled civilly? a $100 fine -- wasnt that enough! And did the employer go beyond reasonable. Like a disiplinary layoff would have been as effective. Note -- I'd been with the company for 2 1/2 years and my record up to that event had been exemplary.
 

Beth3

Senior Member
Here's the deal. You were an employee at will. That means the employer could discharge you at any time for any reason except a specifically prohibited reason. If they wanted to fire you because you were arrested for solicitation while you were on a trip, they can. So it just doesn't matter whether in your opinion or anyone else's the employer went beyond what is reasonable.

As to the UC reg's and exactly how your State defines willful misconduct, I expect you can find that if you search the web and/or your State's DOL web site.
 

galelio47

Junior Member
I understand Beth -- most everyone has agreed that my employer went over the top with the termination -- but I do understand that is a platueau he can make. Yes -- with an at-will contract any reason will do. I have searched the states DOl site and the unemployment bureau site. But I have not been able to locate anything that Indicates degrees of misconduct. I guess I'll just have to find out when it comes up before the hearing and then it will be the personalities of the judges. Do you say that if i search I could find a statute that would state that a termination caused by a misdeameoneor arrest prior to a convictionis due cause for the unemployment bureau to deny me my benefits/
 

Beth3

Senior Member
Do you say that if i search I could find a statute that would state that a termination caused by a misdeameoneor arrest prior to a convictionis due cause for the unemployment bureau to deny me my benefits/ No, I am not saying that. I'm saying you may be able to find some more specific information as to what your State's UC reg's consider as constituting willful misconduct but you certainly are not going to find an all-inclusive list. That would be totally impossible to construct.
 

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