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I am appealing unemployment compensation. I was fired for misconduct.

Resolved Question:

I am appealing unemployment compensation. I was fired for misconduct. Iwas not at work
nor was I on the property when the incident i was arrested for occured. Can they do that
Submitted: 3 years ago.
Category: Legal
Expert:  Lawgirl replied 3 years ago.

Lawgirl :

Thank you for your question. I am sorry to hear about your circumstances. To the extent that you were fired for misconduct, you may not be entitled to unemployment. Although it may be difficult to prove your role in the incident if you were not at work or on the property when it happened, to the extent that they believe you had a role in events leading up to the incident, they can terminate you for that. You would then have the burden of proving that you had nothing to do with the incident and that you were improperly accused of misconduct of which you had no part.

Customer :

I had everything to do with the incident. I tossed a guy a beating (as promised) and was arrested.

Customer :

what is considered misconduct?

Lawgirl :

In this situation, acting in a manner that causes an employer to terminate you.

Lawgirl :

Now if your arrest had nothing to do with work, then they may not be able to terminate you unless your arrest caused you to be absent from work.

Lawgirl :

The absenteeism may be a reason to terminate you. However, being arrested for something that had nothing to do with work is not a reason in and of itself for termination.

Lawgirl, Lawyer
Category: Legal
Satisfied Customers: 4606
Experience: I am an attorney familiar with the above-stated subject matter.
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