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Recent Gross Misconduct questions

State is WV. Wife messed up. After 25 years working for the

State is WV. Wife messed up. After 25 years working for the same state agency she got overwhelmed and forged a signature for some auditors. She was immediately escorted out of the building and given work to do at home.This was a week and a half ago. She received no written or verbal notice of firing. She has a meeting with HR this coming Wednesday. I read the employer policy and they can give her a warning letter, demote her or fire her, as what she did is considered gross misconduct. Policy also says they have to give her a written letter of intent to fire before they fire and so far this has no happened.My thoughts are whatever she does, don't quit. If she is fired she can get unemployment and she'll also get her annual leave that stored up as per policy, it's five weeks and that would be very helpful to our family.Any other suggestions? Not sure why she did it, at this point it doesn't matter, she got overwhelmed but the point is it's done and now we're just trying to respond in the most favorable way as our family moves forward. She makes more money than me and has our health insurance and we have three children.

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P. Simmons

Attorney

Doctoral Degree

36,604 satisfied customers
If discharged from work for gross misconduct and I look for

If discharged from work for gross misconduct and I look for another job and they have to call former employerCan that employer say anything in regards ***** ***** discharge or just say I worked there

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Loren

Juris Doctor

38,836 satisfied customers
Question: should an employer fire an employee for wrongful

hiJA: Hi. What seems to be the problem?Customer: question: should an employer fire an employee for wrongful act while he/she filing a work comp that might be a fraudulent claim?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: it is GAJA: Has anything been filed or reported?Customer: yes, it was reported. and the work comp informally tell me they are going to decline work comp and telling me i can fire the employee since I also submitted evidence related to wrongful actJA: Anything else you want the lawyer to know before I connect you?Customer: can detail about I was wrong the employee did:

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Loren

Juris Doctor

38,836 satisfied customers
I am moving to a new company and just received the contract

Hi, I am moving to a new company and just received the contract of employment.The probation period is defined as 6months. There is no Information about the length of the notice period during probation.The notice period section of the contract states 6 weeks. It also says that nothing should prevent an employee or employer to provide the 6 weeks notice other than gross misconduct.My question is - does the 6 weeks notice also apply during the probation period ?

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Patrick, Esq.

Doctoral Degree

18,506 satisfied customers
I was terminated 7/18/16 after 10 plus years. my employer

I was terminated 7/18/16 after 10 plus years. my employer gave me a separation agreement to sign and I need to know whether it is in my best interest to sign it or not

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John

Attorney

Doctoral Degree

7,718 satisfied customers
I own a business in the state of Maryland and red my first

I own a business in the state of Maryland and hired my first employee a sales person. She was not hitting her goals or working the required hours and completing the tasks assigned as required. We decided to put her on a Performance Improvement Plan which detailed the basis expectations of the job, a plan forward, and consequences for not performing. We offered 30 day period to see improvement. She said that she didn't think she would be able to meet these expectations and could not work the schedule we needed her to work as specified in her employment contract she agreed too at the beginning of employment. We gave her one week to give us an answer and she decided that she did not agree to the expectations and no longer wanted to continue employment. I told her this is fine and to provide me with her resignation letter. She then said ohh "I am not quitting you are firing me" and I need my pay stubs so I can apply for unemployment. I said no you are agreeing to not complete the expectations of your job and are such resigning. She obviously wants to claim unemployment and is working on a plan to apply. What should I do next as the employer? I don't want to keep her on just to fire her especially since sales are her job and she is costing me tons of money. She also is a Real Estate Agent for another brokerage and closed a Real Estate transaction on my designated work hours and used my company email for correspondences. I have proof of this would I be better off firing her for gross misconduct here or bringing the PIP up during the process?

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Loren

Juris Doctor

38,836 satisfied customers
I was terminated under gross misconduct. Applied for

I was terminated under gross misconduct. Applied for unemployment, received it. Employer contested it and lost. The judge denied all employer allegations and wrote, "Employee was terminated to other than misconduct reasons". Now, when I will fill out papers for a future potential jobs, on the question if I ever was fired due to misconduct, should I respond "no" due to judge's decision, or it is still counts as "yes, gross misconduct"?

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Christopher B, Esq.

Attorney

Juris Doctor

5,570 satisfied customers
My coworker twisted my words in communication, and as a

My coworker twisted my words in communication, and as a result of internal investigation I was discharged with gross misconduct. I can and have proofs that the investigation was incomplete and insufficient to conclude that I am guilty and need to be discharged. Can I sue them for giving me gross misconduct for no reason?

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248 satisfied customers
I was denied unemployment benefits misconduct. How

.I was denied unemployment benefits for gross misconduct. How should I right the appealJA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No i m kinda strapped for cash.is it expensive?JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: OK on 03/04/2016 I was working it was approximately 12:30 am when the administrator and assistant D.O.N.came to the facility. I was asked to be talked too I said sure go in the conference room. As we we're waiting on René to join I had no idea what was going on??? They said everyone in the facility was going to be UA'd but 1st Katherine said someone was concerned and thought I was on drugs well like anyone she said who but she wasn't at liberty to discuss. I refused the reason ls I had been taken a couple percocet for my back and about 3 wks prior smoked a little marijuana. They said theirs was s al thst. . so I refused and asked now .I was 8 days from 2 yrsJA: OK. To minimize me, please click the down arrow at the top right corner of this box. OK. To minimize me, please click the down arrow at the top right corner of this box. Is there anything else important you think the Lawyer should know?Customer: Yes they did not UA anyone else in the faciulityJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

110,688 satisfied customers
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