Fired 4 misconduct

What is the name of your state? FL

I was recently fired for misconduct after being with the company for 6 yrs. and all unemployment benifits were denied. I won my appeal and according to documents I received was found to be more creditable. History - I was advised by my immediate manager that a fellow employee was running late , and this would hurt his chances of recieving his bonus. I was asked to contact this employee. I advised the manager that I did not have her contact #. He got his cell phone , dialed her #, and handed me the phone. After speaking with her I advised I had woke her up , and she would be late. I was told that cannot happen , and told to make sure it did not happen. I clocked her in. Approximately a month later I was running 10 minutes behind , and contacted my manager. I found when I arrived I also had been clocked in. I was fired 3 days later for asking that I be clocked in by another employee, and sharing passwords. I advised I had not requested to be clocked in , but was still fired. Company policy - You are given 1 point if you arrive more than 15 minutes late , but a half a point for 7 - 14. You are given a verbal warning after 2 points , written up for 3, and then placed on probation. At the time I was clocked in I had 0 points, and would have still even been eligable for my bonus that month. I would not have taken the risk of being fired when there would have been no penalty.

and your LEGAL question is?

Do you believe that I was wrongefully terminated ?

No. A wrongful termination does not mean you were fired for something you did not do. You are not wrongfully terminated unless a specific law prohibits the employer from terming you for the reason they did.

Whether you did or did not recieve UI has nothing whatsoever to do with the legality of your termination. The VAST majority of people receiving UI were legally terminated.

In your opinion should I seek an attorney ? I was fired for no fault of my own. It was due to their management staff. I did change my password the same day I was clocked in , and the HR rep admitted this during the UI interview.

In my opinion, trying to get an attorney to take any legal action against your employer would be a waste of time and money. Based on the information in your post, your termination was NOT illegal. It may not have been fair, but your employer did not violate the law. The fact that you received UI does not mean your employer did anything unlawful.

But if the only way you will accept that fact is if you hear it from an attorney to whom you are paying a portion of that hard-won UI benefit, then by all means go ahead.

Good Luck

angel636 said:

In your opinion should I seek an attorney ? I was fired for no fault of my own. It was due to their management staff. I did change my password the same day I was clocked in , and the HR rep admitted this during the UI interview.

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Here is a very interesting web-site that has very useful information on how to change the current archaic system of employment practices that are completely legal in today's workplace in the USA!

Good Luck!http://www.workrights.org/issue_discharge/wd_legislative_brief.html



I am not an Attorney, nor am I employed in Human Resources. I am a Nurse. This information being provided to you is due to the same problem you have experienced in your workplace.

fired 4 misconduct

Thank you for your response. I was contacted this week by 3 different attorneys stating they believe I have a case, and I wanted another opinion. I did not want to pursue the subject if it would not benifit me, and just get others in trouble. Oh, I won my unemployment benifits without being represented by an attorney. I was very suprised when I was notified that I won.

Let me put it this way.

If you have been contacted by 3 different attorneys claiming that you have a case, either they are ambulance chasers or you have left MAJOR facts out of your post.

fired 4 misconduct

Thank you that is what I wanted to know before going any further. I had submitted something simular to another site matching attorney's and clients. I did not want to waste my time or money.

Wow!

cbg said:

Let me put it this way.

If you have been contacted by 3 different attorneys claiming that you have a case, either they are ambulance chasers or you have left MAJOR facts out of your post.

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WOW cbg.....Imagine that? Obviously if 3 attorneys have contacted angel that demonstrates something. And what is your profession cbg? Alphabetically begins with an "H" the second word is "Resource?"

Okay, Katrina, I've had enough of your crap. You don't know anything about me except that I work in HR. You don't know anything about what I do or how I respond to situations; you simply assume that because I'm HR, I'm going to take the employer's part in all situations.

Well, guess what. You're wrong. If you search my posts, you'll find plenty of instances where I've told a poster, your employer can't legally do that and you can file a complaint with (fill in appropriate regulatory agency here). And in my private life, I've put my job on the line more than once defending an employee against an action the employer wanted to take that was legal but I thought was wrong. In fact, I was fired once for defending an employee against a legal but unethical action. So take your "HR will always take the employer's side" attitude and you know where you can put it.

As for my not being an attorney, that's true. I've never pretended otherwise. However, I can put you in front of more than one attorney who willl tell you that I know more about employment law than they do; I can put you in front of one employment attorney who says I know more employment law than most attorneys in other specialities. That's because unlike a tax lawyer or a corporation lawyer or a divorce lawyer, I work with employment law every single day. I've on several different occasions had three different attorneys call me to ask me to clarify the fine points of an employment law situation for them, or to ask me what action they should/could legally take. When you can say the same, then you can come back and argue with me about what the law says.

In the meantime, get off my back.

Don't waste your time on this idiot CB.

I have already sent an email to Mary asking her to take care of the situation.

Thanks, Belieze.

cbg.. You Rock! Nobody does it better!