Employment Lawyers Can Answer Your Employment Law Questions
What happened was in a one year period I was written up 4 times for selling prescriptions to the wrong person by accident. Under Arkansas law a person shall not be found guilty of misconduct for poor performance unless performance was intentional. They can't prove it was intentional, but say due to the frequency and negligence and recurrence it shows misconduct.
I was wondering how to write the letter for the appeal. They are stating that it was misconduct due to the fact that the offence was repeated which shows it to be intentinal because of the law. Here is what the law says;
Misconduct included violatin of any behaviroal policies of the employer as distinguished form deficiencies in the meeting production standadra or accomplishing job duties.
An individual shall not be deemed guilty of misconduct in poor performance in his job duties unless the employer can prove that the poor performance was intentional.
An individuals repeated act of commission or omission or negligence despite progressive discipline shall constitute sufficient proof of intentional poor performance.
That is how they are showing intent, but there should be a way around it. First they were trying to call it falsifying documents, when I disproved that they changed it to the latter.
How can I write the letter to get the best results. Can you just give me a brief outline or some ideas?
That's exactly what I was thinking. I sold 150 to 300 prescriptions a day 5 sometimes 6 days a week which makes me 4 offenses less than .01%. That is not excessive so their claim is false and it's not misconduct under Arkansas law. Ok, thanks for your answer I'm gong to go with it and hope I win.... it will help until I find employment elsewhere.
Thanks, XXXXX XXXXX you a good grade so you can get paid.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).