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I was terminated for gross misconduct, with no warning from

 
JB Umphrey's Avatar
  • Answered by:JB Umphrey
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Customer Question

I was terminated for gross misconduct, with no warning from my job. I know that Missouri is a right to work, or at will state for employment. But since this is the reason they have listed on my work record, the state has turned down my request for umemployment and could effect my families ability to get COBRA. Do I have a right to ask for a hearing or something with my employer to have that reasoning removed? I don't want to return to that job, but I want the gross misconduct term removed. I know the definition of the term and it means that I did something so horrible that my employer can't possibly keep me and that I have broken the employer/employee relationship. I did not do anything illegal or damaging to the company. Thank you.

 

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State/Country of Question: Missouri

Already Tried:
This is my first real step, the only other thing i have done is review Missouri law as it is posted on line. I don't want to spend a lot of time and energy if it is pointless to review

Submitted: 1022 days and 8 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  JB Umphrey replied 1022 days and 8 hours ago.

Thank you for using JustAnswer!

I am sorry to learn of your circumstances. Do you have a written employment agreement/contract?

Customer replied 1022 days and 8 hours ago.

I unfortunately do not remember, I was employed for over 2 years. How would I get that information?

Accepted Answer

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Expert:  JB Umphrey replied 1022 days and 8 hours ago.

You could ask for a copy of your personnel file. My assumption is that you were an at-will employee.

You have no legal right to receive such a hearing, unless you have an employment agreement/contract that allows it.

However, you can ask for such a meeting, if for no other reason to ask them if they would revoke your termination and allow you to offer a resignation, instead.

Your termination should have NO EFFECT on your eligibility for COBRA. You are entitled to COBRA (you have to pay for it, though).

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!

Expert TypeAttorney
Pos. Feedback: 97.8 %
Accepts: 8682
Answered: 8/3/2009

Experience: Explains legal matters based on 14+ years experience.

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