communicating a threat?

[lmh250]

What is the name of your state (only U.S. law)? NC
Good Morning, I was recently terminated from my employer stating that I communicated a threat through an email. I had sent an email out to my coworkers to see if anyone was interested in a office meeting to discuss the office climate, work issues what we could do to improve and most importantly the frustration levels concerning our bonuses not being distributed and our administrator not communicating with the office. I tend to joke a lot and almost didnt hit send because I thought it could come back and sure enough it did. This is what I said, concerning the meeting, "this is not anything that anyone HAS to do, but does anyone besides me feel compelled to jump up and snatch her hair out of her head and jap slap her? I'm just saying. Maybe we need to vent, but do it with a purpose. Can we discuss solutions? I know that I need something to keep me from wanting to deflate her tires or burn this place down. LOL! Okay Okay, let me calm it down." This is a first after 28 years of working.. So did I indeed communicate a threat and if so, can I still apply for unemployment until I find another job?

 

[Antigone*]

What is the name of your state (only U.S. law)? NC
Good Morning, I was recently terminated from my employer stating that I communicated a threat through an email. I had sent an email out to my coworkers to see if anyone was interested in a office meeting to discuss the office climate, work issues what we could do to improve and most importantly the frustration levels concerning our bonuses not being distributed and our administrator not communicating with the office. I tend to joke a lot and almost didnt hit send because I thought it could come back and sure enough it did. This is what I said, concerning the meeting, "this is not anything that anyone HAS to do, but does anyone besides me feel compelled to jump up and snatch her hair out of her head and jap slap her? I'm just saying. Maybe we need to vent, but do it with a purpose. Can we discuss solutions? I know that I need something to keep me from wanting to deflate her tires or burn this place down. LOL! Okay Okay, let me calm it down." This is a first after 28 years of working.. So did I indeed communicate a threat and if so, can I still apply for unemployment until I find another job?

You should always apply for UI benefits. However, it does not mean you will get them.

You know that hole I'm talking about in my siggy, boy, you dug a big one

 

[swalsh411]

Workplace violence is not a laughing manner and shouldn't even be joked about. You joke about somebody's ugly shirt or how dirty somebody's car is. You do not joke about burning down your place of employment.

Yes you should apply for unemployment. If the email was clearly a joke and there aren't any other issues you aren't telling us I would say your chances of being disqualified for misconduct are pretty low.

 

[LillianX]

Yes, you did. Yes, you can apply for unemployment. You were, however, fired for cause, and it will likely be denied.

 

[swalsh411]

Yes, you did. Yes, you can apply for unemployment. You were, however, fired for cause, and it will likely be denied.

I do not agree. A joke (however distasteful) shared with co-workers does not constitute disqualifying misconduct. "Fired for cause" is not relevant in terms of unemployment eligibility.

 

[Beth3]

but does anyone besides me feel compelled to jump up and snatch her hair out of her head and jap slap her?

Terrifically inappropriate to include in your email and you provided your employer with a very good reason to terminate you however it seems likely that you will receive unemployment benefits. It wasn't so much a threat as a really stupid remark.

 

[lmh250]

communicating a threat

thanks to all for your advice.. and believe it or not I don't look like this but i can take a joke! lol

 

[commentator]

File for unemployment benefits. If there have really been no prior disciplinary actions or warnings against you, no trail of attitude problems or threatening behaviors, then the unemployment system will be making a decision as to whether this behavior falls into the category of "Gross misconduct." Roughly, gross misconduct is defined as something so bad that you should have known better than to do it, even one time. Using this criteria, they will make an initial decision as to whether the company had a valid misconduct reason to terminate you, and if they decide they did, then you don't get approved for unemployment.

Gross misconduct could also something that you knew due to well publicized company policy that doing it was grounds for termination, and that if you did it, it very well might lead to your being fired. So you'd be asked and the employer would be asked what is the company policy about this matter. If your particular company has a very strict and well defined "violence" policy, there may be something in their handbook, which you are expected to be responsible for if you signed off on it, about making any types of violent threats or saying that any threats to do violence is grounds for instant termination.

Some companies have these, some do not. It was a very silly thing for you to do. Got you fired, which they were within their legal right to do.

But when you file for your unemployment, downplay the true hostility aspects of it. Do not admit to being angry. You were on a company sponsored email. Of course it was improper. But unless you are a big old threatening creature, and your supervisor is a little delicate petite person, it probably wasn't a real genuine threat, but was a joke and a vent (alibeit a stupid one!) and that is how you should present it.

You'll receive an intial decision on unemployment insurance, either approving or denying your benefits. Then either you or the company will have the right ot appeal this decision with a hearing. It will take a while, but sign up immediately, start getting this established as you are looking for other jobs.

 

[Hot Topic]

"Jap slap her?" "Burn this place down." Haha.

You sound like someone badly in need of a suspension without pay.

 

[eerelations]

I prefer fired - which is what happened.

 

[cbg]

While you may have intended this as a joke, the first of the two lists shown here will explain why they could not take the risk:

List of workplace killings by number of victims - Wikipedia, the free encyclopedia

One of the more famous of these killings took place not ten miles from me. It is not something any employer can afford to play games with.

 

[OHRoadwarrior]

As an employer, this would seem a good place to part company with a malcontent, eager to stir up disruptions to my operation.

Jus sayin.....

 

[Hot Topic]

As hard as the agencies can make it to get unemployment benefits in a normal situation, why would those people make it easy for the OP to get them because he doesn't know when to keep his big, fat mouth shut?

 

[cyjeff]

Look at the bright side.

Maybe everyone else can get their bonuses now that they aren't paying you?

By the way, you do realize that "jap slap" is also a racist comment, right? I sincerely hope that whomever this was directed was not of Japanese origin.

 

[commentator]

hot topics, yeah, I agree, they can make it pretty hard to get U.I. But because the employer actually went forward and fired the person it will have a lot to do with whether or not the company has put policies in place, has their ducks in a row, so to speak.

If the employee had quit because the supervisor was a jerk, it'd be a lot hard to get approved for benefits. IF the company has a firm policy in place about threats, harrasssing language, misuse of the company email, any of these things will make it harder to be approved.

But if they were just la la la-ing along, without clearly defined policies, and this person can tell a convincing story about how it was meant as a joke, a venting, they didn't have CLUE they were going to be terminated, blah blah blah...they may have a shot, and not a bad one.

All comes down to decent HR. If they have it firmly defined, they can not only terminate, they can terminate and the person gets no unemployment.
But if they've been sloppy or lax or failed to define policy......they are left hanging out.

We hope the OP has now gotten a bit smarter. And it does make a difference. I have noticed that a lot of this rough talk is actually perpetuated in situations where it's little old delicate females threatening each other. Honest, as a rough tough construction worker friend of mine put it, "No one would dare make loose-mouth threats at another person like this on my job site!"