fired over text unemployment?

I recently was fired over text and told from a mutual friend of my boss...He claimed to have called me but i never recieved a call is that breech of confidentiallity?... also he was complaining about all this stuff while he and i both were off the clock via text message...The reasoning behind my termination i believe was i was breaking policy by wearing peircings but my piercings were taken out when i was warned about it a few days prior. I spoke to the head owner but he seemed to have cared less, he said he would call me back about it but ended up just havin the secretary call me and tell me to bring my key to the store back along with my uniform. I saved all the text messages in my phone from him and the other person that didnt even work there tellin me about me getting fired... my boss himself didnt even mention it until i told him she told me about it. I have bills and stuff to deal with is there anyway i can get unemployment from this situation?

You have not described anything that is illegal. You have far less right to privacy, or confidentiality, in the workplace than most people think.

I was not told i was fired from my boss i was told from someone else he was telling about me getting fired my main question is can i get unemployment until i find another job

You can certainly file for unemployment. Nobody has a crystal ball to know if you will be approved or denied.

Seriously, I had a hard time understanding exactly what happened from reading your explanation. Work on putting your description together in a clear and concise manner. It may help your case.

ok ill try to make it clearer no promises...

reason for being fired: breaking policy (piercings etc) i was warned once and made adjustments asap. but yet a couple days later i was fired.

How i was fired: a mutual friend (of the boss and i who has nothing to do with the company) texted me and said "i heard your getting fired." (there was no official exit interview or signing of termination papers or anything. I just get a call from corporate asking me to return my uniform and key.)

What is the company policy regarding piercings? How did your piercing violate that policy? What, if any, specific action were you directed to do in your warning and did your "adjustments" comply? Was this a new piercing or something you had at the time you were hired? Is company policy applied uniformly to other employees? Without this info it's hard to give an opinion on whether or not you might be disqualified.

I couldn't make hide nor hair of the post either. I didn't know whom was texting whom and what about. Now it appears that the texting didn't have anything to do with it. Plus, as soon as corporate called asking for your uniform and keys, the termination was official; until that time it was merely a rumor.

Exit interviews are not required in any state; neither is any signing by you of any "termination papers". There are a couple of states which require you get a separation notice, but since you didn't enter your state as requested when you started your thread, we can't tell you whether the separation notice applies or not.

This was not an illegal termination. File for unemployment and move on.

swalsh411 said:

What is the company policy regarding piercings? How did your piercing violate that policy? What, if any, specific action were you directed to do in your warning and did your "adjustments" comply? Was this a new piercing or something you had at the time you were hired? Is company policy applied uniformly to other employees? Without this info it's hard to give an opinion on whether or not you might be disqualified.

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they say no facial piercings, and i had them when i was hired. I was warned to take them out when im working and i did so immediately(im assuming he changed that warning into me getting fired). Also i told him to tell the other employee to do the same with his piercings, his response was "his isnt visible unless you stare". Im not worried about it being illegal, my main concern is if anyone knows if i will be able to get unemployment or if i should even bother. My state is Ohio.

. Also i told him to tell the other employee to do the same with his piercings,

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that is probably why you were fired. You don't tell the boss much of anything without risking getting fired. The boss is the boss. That's why they call him that.

and nobody can really guess as to yes or no on the UI. Go ahead and file. The worst is they say no.

You should definitely go ahead and file your unemployment. Of course you'll be looking for another job while you are filing, getting the issues worked out, seeing if you can be approved. It will take a long time, but if you file as soon as you're out of work, that's weeks you could possibly be back paid for.

You didn't say how long you had worked for this employer. But in order to be able to draw unemployment, you must have worked and have wages for covered employers during about the last 18 months to two years. You will file. They will ask certain basic questions on your claim.

What is the reason you are no longer working at your job? What is the reason you were told you were terminated? What happened on the last day you worked? Had you had any prior warnings or write ups concerning this issue before you were fired? What did you do to try to work this problem out?

If you were given a warning about the piercings, and then several weeks later were called by corporate and told to turn your keys in, with no call from your supervisor, was there a precipitating incident? Did you, by any chance, show back up at work with your facial piercings in? Were you supposed to be texting everyone and discussing the issue while at work? Did you have any reason to believe you did or did you do anything that caused your firing beyond the warnings?

Just give the unemployment system the facts. They will then contact the employer to get their version of why you were terminated, and they will make a decision whether or not you get to draw benefits. You will be certifying for each week during this time that you are not working. If the decision goes in your favor, you'll be back paid and will then begin receiving checks. Either party that does not prevail can appeal with a hearing.

In order to terminate you and keep you from drawing unemployment, the company will have to prove to the unemployment system that they had a valid misconduct reason to terminate you. They should have a trail of warnings and progressive discipline, where you were given the opportunity to change your behavior and save your job, and you chose not to.

But firing you any way they want to is legal. They can invade your privacy pretty much if you are using their electronic systems. They can claim they called you when they didn't, legally, and fire you without an exit interview or without giving you any warning or reason. But that does help your chances of getting unemployment. File the claim, there's no downside to doing it, even if you ultimately don't get approved.