i was fired from my factory job for uttering acomment to a coworker who is a male. We were cleaning up a mess and i was using a vaccume the mess was a foot by afoot area and he was standing in the area cathing some of the mess in garbage sack as it fell the area was pretty much all cleaned up except by his feet and so i proceded to clean around his feet as he is still catching the mess and as the vaccume scraped his feet he quickly moved his foot and i said '' wow i never seen a guy run from a blow job before'' that is all that was said and we continued cleaning. about a hour later he reported it to the supervisor and i admitted to it but it seemed to be overreacting to the real happening . im also a male and it was just a joke between 2 male workers nobody else heard it and there are no witnesses . Is this a little harsh disiplinary action and does this constituet sexual harrasement ?
It is harsh but if the person you said it to took it as harrassment then it can be harrassment. He really should have told you he did not apprciate it and not to make such comments again and then if you did it again you should have been fired. But if your employer had a zero tolerance policy then they were only following policy. There is no legal action you can take to get your job back or sue your employer for any money since they had every right to fire you over just once incident that you admitted to.
Sorry after I answered your additional question about unemployment was then visible.
I would say you are more than likely not qualified for unemployment. However, you should apply anyway to make sure. In these types of cases the employer has to show you committed misconduct connected with the work and that they followed their policy in handling these issues. So if they have a zero tolerance policy then you will be denied benefits. If their policy provides for warnings and then fireing after a second or third write up then they did not follow their policy and you will be approved for benefits.
there is no statement in writing can i deny i admitted to it and then get the unemployment benefits
You can try that. It will ultimately be your work against the employers and who the unemployment commission believes is telling the truth.
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