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Wrongfully fired for misconduct

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wastateres

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

I was terminated for what my former employer is calling misconduct. I filed for unemployment the day my former boss called me to tell me I was terminated, and after filling out the initial questionnaire sent by the state, they ruled there was no misconduct and I was granted unemployment benefits.

Just yesterday I had my telephone hearing due to my former employer appealing my unemployment. Their claim was that I put information into the system that violated SOx and was not ethical. They had quite a lot of evidence against me, and had my former boss leading on their side, along with two witnesses. However, I did not do what my former employer is accusing me of, but all I had to tell the ALJ was that I did not do this.

All I have in this case is my word, and the pit in my stomach is telling me that it may not be enough. I'm quite upset by this. Is there any chance of me winning this case without giving any further evidence? What they're accusing me of is a big deal: violating SOx, but the only thing I have against them is that I was a good employee (I had some performance issues when I was first learning my job, but I had been there 4 years when they fired me) and that I didn't do it.

I do have a new job lined up, but it doesn't begin until September. I'm hoping that helps my case a little bit.

My other fear is that if, for some reason, the ALJ ruled for me, I'm afraid that my former employer (a huge corporation) would appeal that. In all honesty, I'm tired of the back and forth and the fighting, but I don't know what to think.

Any advice would really help me.What is the name of your state (only U.S. law)?
 


cbg

I'm a Northern Girl
FYI, being granted UI does not make the termination "wrongful" (illegal).
 

csi7

Senior Member
Take a deep breath.
You have done everything right so far with your unemployment claim.
When you get the decision from the hearing, read through everything and keep it in a safe place.
If you need to appeal the decision, do follow the directions provided with the decision and within the time frame provided.
Your employer can claim whatever they want. It is not illegal.
Good Luck!
 

Antigone*

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

I was terminated for what my former employer is calling misconduct. I filed for unemployment the day my former boss called me to tell me I was terminated, and after filling out the initial questionnaire sent by the state, they ruled there was no misconduct and I was granted unemployment benefits.

Just yesterday I had my telephone hearing due to my former employer appealing my unemployment. Their claim was that I put information into the system that violated SOx and was not ethical. They had quite a lot of evidence against me, and had my former boss leading on their side, along with two witnesses. However, I did not do what my former employer is accusing me of, but all I had to tell the ALJ was that I did not do this.

All I have in this case is my word, and the pit in my stomach is telling me that it may not be enough. I'm quite upset by this. Is there any chance of me winning this case without giving any further evidence? What they're accusing me of is a big deal: violating SOx, but the only thing I have against them is that I was a good employee (I had some performance issues when I was first learning my job, but I had been there 4 years when they fired me) and that I didn't do it.

I do have a new job lined up, but it doesn't begin until September. I'm hoping that helps my case a little bit.

My other fear is that if, for some reason, the ALJ ruled for me, I'm afraid that my former employer (a huge corporation) would appeal that. In all honesty, I'm tired of the back and forth and the fighting, but I don't know what to think.

Any advice would really help me.What is the name of your state (only U.S. law)?
If information was entered into a computer using your logon you're sunk. You don't think they ways to trace who enters information?
 

swalsh411

Senior Member
Without knowing specifically what they are saying you did, and why they are saying you should have known not to do it, it is impossible to make an educated guess on whether or not you will win.

Making an error is generally not misconduct unless it's egregious. Breaking the rules and even breaking the law is generally not misconduct unless the employer can make a credible case that the employee knew or should have known not to do it. (I’m not talking about fighting, drunkenness, threats of violence, etc… that is obviously misconduct)

SOX is huge and there is probably nobody on the planet (including the lawmakers who wrote it) who has every nook and cranny memorized.

So.... your argument might be that even if you did do what they are saying you did (and you are not conceding that), it's still not misconduct.
 

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