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Fired for harrassment and vandalism.

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FitHope

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

I know MN doesn't have any protection for it's employees, but I'm just wondering how this can happen to be a reason for termination? I worked for my company for 2.5 years which is a decent time and I'm a college kid, but I got fired for harassment and vandalism.

The harassment was a joke I made was about myself on a piece of paper and the vandalism was me writing on the paper in pencil. Now I know it sounds dumb that I did this, but it seems wrong that they fired me. Other people had many convictions of missing work multiple times and write ups, but I got fired for making fun of myself?

I called myself a fattie on paper with an arrow pointing to my name. I don't recall this as being a horrible work crime or ever heard of anyone getting fired for making a joke about themself. I always pulled jokes about myself and never got into trouble for it and when I heard gossip I walked away because many times people would say racist or dirty things at other workers and I didn't want anything to do with it, but when I go after myself it's the end of the world?

I am having a tough time finding another job and workers comp won't cover me since I broke a policy no matter how dumb I think it was, but I guess I did it to myself.

My current situation:
Can anyone help me with some advice also on how to go about this with a new work place? I haven't been putting down my 2.5 years of experience and since I'm young (21) I don't have much experience before that except one job and a 2.5 year gap is considered pretty big, so I haven't been considered for anything really yet. Just a few interviews.

Is it ok to put down my last job on an application and put terminated? I know you guys say they won't look at that legally, but seriously common sense tells me they will.

I have been waiting in DEP for a couple of months currently meaning I'm waiting to leave for basic for the Air Force, but I'm having a tough time covering bill costs currently and without that work experience no one seems like they will look at me not even fast food.
 


cbg

I'm a Northern Girl
It can be a reason for termination because there is no law that says it can't. It really is that simple.

You have two options; you can put that job down and explain the circumstances, or you can lie about it and get fired again when (note when, not if) the lie is exposed. And that's about as simple as it gets, too.
 

FitHope

Junior Member
In this current market there's really no other options. I'd much rather eat and be able to survive with the risk of being fired since it's so hard to survive currently.

Thanks, I was hoping it wasn't coming to this, but I'll have to lie I guess.

I just wish there was some disclosure to this. I know the truth is that they wanted to get rid of me, but there's no way in hell to prove this. I just know this because they talked to me many times about making a switch with one of the horrible co-workers who everyone said things about. I knew this because I always defended the guys right as a human, but after I was taken out they moved him into my job. Just seems like a massive amount of BS how companies are allowed to do this nowadays.
 

csi7

Senior Member
When you put down the job experience and reason for leaving, you have the choice of putting down in writing that you will explain in the interview why you left. You can put down termination.
Whatever you put down, be prepared to handle the questions in the interview. Most employers just want to know that you are willing to be honest and learn from your experience.
 

DDDDDD

Member
May I add? (I am not a lawyer)

-No State "protects" it's workers. If you're not in a union, you are totally at the mercy of your employer.

-A company can terminate anyone at any time for any reason, or, no reason at all. (Again, lacking some kind of contract agreement, or union contract.) However a termination may not be discriminatory in nature.

-When a company fires an employee for cause, instead of simply laying an employee off, it saves a lot of money by not having to pay your unemployment insurance claim. In any case, file for unemployment anyway, and when the employer objects or denies the claim, go for a hearing. Explain at the hearing the "charges" were petty, and you had not done anything out of the ordinary.

-To help prove you were really dismissed for lack of work, request the employer name who was hired to replace you, or who replaced your replacement, etc... if nobody, that's a sign your "cause" was trumped up and your "firing" was really a layoff.
 

pattytx

Senior Member
May I add? (I am not a lawyer)

-No State "protects" it's workers. If you're not in a union, you are totally at the mercy of your employer.

-A company can terminate anyone at any time for any reason, or, no reason at all. (Again, lacking some kind of contract agreement, or union contract.) However a termination may not be discriminatory in nature.

-When a company fires an employee for cause, instead of simply laying an employee off, it saves a lot of money by not having to pay your unemployment insurance claim. In any case, file for unemployment anyway, and when the employer objects or denies the claim, go for a hearing. Explain at the hearing the "charges" were petty, and you had not done anything out of the ordinary.

-To help prove you were really dismissed for lack of work, request the employer name who was hired to replace you, or who replaced your replacement, etc... if nobody, that's a sign your "cause" was trumped up and your "firing" was really a layoff.
Most of this response is nothing more than a push for unions. :mad:
 

swalsh411

Senior Member
No State "protects" it's workers. If you're not in a union, you are totally at the mercy of your employer.
There is a wide range of protections for workers at the Federal and State level. FLSA, ADA, FMLA and minimum wage to name just a few.

However a termination may not be discriminatory in nature.
Yes it can. It just can't be illegal discrimination.

In any case, file for unemployment anyway, and when the employer objects or denies the claim
Employers do not "deny" unemployment claims.

For all I know, you are an expert in model trains or how to raise championship beagles, but please don't post in employment law forums with patently inaccurate information.
 

eerelations

Senior Member
Two questions:
  1. Did you apply for unemployment insurance benefits?
  2. What does workers' compensation have to do with this?
 

cyjeff

Senior Member
May I add? (I am not a lawyer)

-No State "protects" it's workers. If you're not in a union, you are totally at the mercy of your employer.
And the employer is totally at the mercy of their employees.


-A company can terminate anyone at any time for any reason, or, no reason at all. (Again, lacking some kind of contract agreement, or union contract.) However a termination may not be discriminatory in nature.
An employee can also quit at any time for any reason or no reason at all.

A termination can absolutely be discriminatory in nature. "Compared to my other employees, I don't think you are nice enough to customers" is a discriminatory statement... and a perfectly legal one.

Illegal discrimination is based upon the employees inclusion in a protected class of citizens.

Most discrimination is perfectly legal... we all do it every day. When you picked McDonald's over Burger King, you legally discriminated against BK... and it even cost BK revenue.

When you hired an employee, unless you had exactly the same number of applicants as positions, you discriminated against some of the applicants in favor of the ones hired.

As long as the basis for that discrimination was not based upon the above mentioned protected characteristics (race, sex, national origin, etc.) or in direct violation of public policy, it is legal.

-When a company fires an employee for cause, instead of simply laying an employee off, it saves a lot of money by not having to pay your unemployment insurance claim. In any case, file for unemployment anyway, and when the employer objects or denies the claim, go for a hearing. Explain at the hearing the "charges" were petty, and you had not done anything out of the ordinary.
That is, of course, one course of action.

-To help prove you were really dismissed for lack of work, request the employer name who was hired to replace you, or who replaced your replacement, etc... if nobody, that's a sign your "cause" was trumped up and your "firing" was really a layoff.
The employer does not have an obligation to provide this information. No employer is going to provide you the name of the person that replaced you.

That may put the employer in a liability position if that employee decided to "talk" to their replacement.
 

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