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Gross Misconduct at Work

Many employment legal questions that arise pertain to gross misconduct. These can range from what is gross misconduct, sacked for gross misconduct, and dismissal for gross misconduct. When people are faced with situations like these they can as the Experts for insights or solutions. Listed below are five for the top gross misconduct questions answered by the Experts.

What is Gross Misconduct?

Gross misconduct has a lot of different interpretations; usually the term covers workplace discrimination, financial fraud and Consolidated Omnibus Budget Reconciliation Act (COBRA) health care coverage usually drawn out to fired workers, and employment law. Generally the term is known by human resources agencies and is carried on by individual character definitions. Gross Misconduct in the workplace is known as an awful action that’s willful and can’t be characterized as a mess up or an act of accountability.

What does a dismissal of gross misconduct mean?

Dismissal of gross misconduct is also (firing or sacking gross misconduct) and is the firing of employment by the owner towards the worker of staff. This idea could be made by a company for a lot of different reasons, these can range from economic down turn to performance issues, as the worker was being terminated will have a willful stigma in numerous cultures.

In California, what can someone do if they were fired for reporting misconduct on a branch manager, the employer is giving false statements to the unemployment office, and is given bad references when applying for work elsewhere?

To the extent that they are telling lies about you, you can sue them for defamation of character or at least, have an attorney draft a letter threatening that if they do not cease and desist with the false statements of fact which are causing you financial harm (and harm to your reputation).

Secondly, the employee should contact the California Equal Employment Commission Office (EECO) and their human rights commission concerning wrongful termination based on retaliation for refusing to violate federal law. You can also initiate a law suit for wrongful termination based on the same thing.

If someone is under investigation for misconduct at work and is currently suspended, if they resign now without attending the investigation meeting what reference they will get from their manager when applying for another job.

This would be on a personal case by case basis and would depend on how well the individual knew the manager and what type of work and track record the employee had. Giving work references are usually perceptions on work ethics, attendance records ect. However, there are some states that it is against the law to give a negative work record according to privacy laws, many employers are only able to state the employees hire and end date as well as whether they are rehire able.

If someone was fired for misconduct and was approved for unemployment can the unemployment division revoke the individual’s unemployment money?

Certainly, the agency can continue on the appeal and the individual will need to pay back the benefits that they had gotten. If the individual was discriminated because of their sex, religion, disability, or race they can file a lawsuit with the EEOC. The individual will need to seek a legal representative to help fight their appeal.

Gross Misconduct is a very complicated topic. They often times spark up other topics related to them. Such as: gross misconduct employment law, what constitutes gross misconduct, and gross misconduct law. Experts can be of help with fast and effective answers.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8060
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
10 Employment Lawyers are Online Now

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    Rate the answer you receive.

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Recent Gross Misconduct Questions

  • I worked for a company that is based out of California but

    I worked for a company that is based out of California but my job was here in Texas and I was an exemplary employee for 2 years, without any write ups ever. I was very frequently the top sales person every week. I got along well with my immediate supervisor and all of my co workers. I worked part time and on my days off, my co-workers told me how my customers would ask about me and missed me. I was scheduled to work on a Sat from 1100-3pm. I informed my immediate supervisor when I arrived 10 minutes late for the shift and told her I would stay 10 minutes past 3pm so that it would be a 4 hour shift and she approved. When I entered my time on the company website I put 11am-3pm which was my shift and it was still 4 hours either way. My immediate supervisor did not inform me to put time in exactly as 11:10-3:10 but the HR rep terminated me for violating co. policy in accurately inputting time worked and asked her if I had done any misconduct or gross misconduct and she said no. I was not given any warning and feel as though this is unlawful termination. Should I seek legal counsel and file a lawsuit for all my lost wages and the anxiety, stress and putting me in default with a lot of creditors?
    .
  • I was fired from a company in June of 2013. I applied for unemployment

    I was fired from a company in June of 2013. I applied for unemployment in my state, Pennsylvania. I was granted unemployment and received payments for 2 months (June and July of 2013); until I found another job. The total amount received was roughly 4400. Today I received a letter in the mail saying that I have a phone hearing in two weeks. My former employer's payroll company is claiming they didn't have a chance to fight my unemployment, because I was fired for "gross misconduct". Is the worst case scenario that I will have to pay back the unemployment payments? Do I need a lawyer?
  • I was terminated from Walmart Stores, Inc. almost 10 years

    I was terminated from Walmart Stores, Inc. almost 10 years ago for alleged "gross misconduct" under "he said she said" false accusations and I am now trying get that status changed. I am working with several people from Walmart Home Office to get this done. Any advice? I'm writing a statement of facts now...
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