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Recent Gross Misconduct questions

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

7,496 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

36,350 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

5,090 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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230 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

106,732 satisfied customers
I am a plaintiff in an employment law case (Federal district

I am a plaintiff in an employment law case (Federal district court) with two major elements; I was retaliated against ( terminated) for reporting a sexual harassment incident when a fellow employee told me her manager was harassing her..The second element in got a involves Cobra notification. I never got a COBRA election letter within the specified time so I called the third party administrator.The TPA referred me back to employer team resources, who told me I was denied COBRA for gross misconduct.I caled the Dept of Labor, and they inquired on my behalf. The employer told the DOL that I had not been denied COBRA , and produced a letter that they said was a copy of the letter they sent me. TR testified during discovery that I was given the wrong information by their agent, that she read a code wrong. This agent has been there over a decade and handled many of these calls, and she testified as much in her deposition.However, the letter sent to the DOLdid not contain the elements mandated by law; there was not a premium amount, there was not a premium due date, and there was not an address where to send the payment to.The case has worked its way through discovery,and as expected the defendant's counsel filed for summary judgement on all counts, as we expected. We are awaiting judges ruling, unfortunately this federal judge is quick to pull the summary judgement lever and throw out as many employment cases as he can.Yesterday the judge sent out correspondence to defendant's counsel, saying he didn't feel the case law(s) they cited specific to the COBRA element was applicable, and also wanted explanation as to why DOL was sent a COBRA letter as proof that didnt even meet legal requirements; he also wanted to know why there was absolutely no record of correspondence being mailed.He told them their response had to be less than 5 pages and was due next week.My question specifically is this; why is the judge giving them another whack at this? if the evidence hasnt been produced by now, what they can they produce that wasnt disclosed during a very lengthy discovery phase? The TR Director testified at one point in his deposition that I had not been denied, just give misinformation; then at the end of his deposition he said i was denied for violating policy-total 180 degrees.It is standard procedure to give defendant a chance to respond to a Plantiff 's response to Summary judgement?If he is only asking about this specific element, does that mean he will likely grant summary judgement for the other main element, the retaliation? Two of the 3 retaliation elements are not in question; i did report harrasment, and there was an adverse event, i was terminated > And I was terminated by the same individual who was disciplined for allowing the sexual harassment to go unfettered in the first place. i was terminated against the wishes of my direct manager. Our weakness in this element of our caim is temporal proximity, even though there was a pattern of retaliation before I was terminated. Is temporal proximity the end all beat all when it comes to retaliation cases such as mine? There was a pattern, and this was his first real opportunity to terminate me...So, is it standard procedure for the judge to request a response from the moving party before his ruing? Is the temporal proximity issue a total death blow to that eement, even though there was significant other evidence to suggest pre-text.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
My mother has been working as a Home Care Attendant years

Hello, my mother has been working as a Home Care Attendant for many years now. Recently at this current agency, she is working in. They haven't paid her for a couple Saturday's that she worked. And about a month ago her employer had sent a letter stating that there was a glitch in their payroll system and they charged almost $1200 to her bank account and only returned 1/3 of that money. Could she sue based on employment fraud or any other type of fraud? and unpaid wages? and punitive damages? What would be the best thing for her to do? Also, she hasn't returned back to work because they removed her from the main client she was working with, their excuse was that she didn't have her medical physical in on time. She is currently looking for a new agency to work with.

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Asad Rahman

Attorney

J.D.

2,808 satisfied customers
This issue has occurred in Illinois. I had a glass of wine

This issue has occurred in Illinois. I had a glass of wine during my lunch break off the property of my work. At the end of the work day, my employer asked for a meeting. The HR director, branch manager and my immediate supervisor all asked me to sit down. The showed me a still picture from a video of me re-entering the building after my lunch break with the garbage from lunch (plastic bag, empty mini wine bottle, and receipt showing it was purchasing during my lunch break). I was terminated immediately. I filed for unemployment benefits and they are contesting. My question is regarding my eligibility for unemployment benefits. Doesn't my employer have to prove misconduct? In other words, I have an exemplary employee record and have never been late, missed work or unable to perform my job. Actually...it is the opposite. I have often worked overtime and have been extremely diligent. I feel they lost a great employee and should have simply issued a warning. I should mention that I am 53 years old and all other colleagues in my department are 20-30 years old. I know one girl in particular "had it out for me." She just didn't like me and I think there is something else going on. But the glass of wine at lunch remains the central issue. Does my employer have to prove my "misconduct" hurt them somehow and what are my chances of getting UI benefits? I already had the phone interview and the interviewer said to go ahead and certify but she would need to contact my employer again. I have no idea how the interview went. I would say 50/50. She certainly didn't sound like she was on my side. I tried to stick to facts. The word "suspicion" came up which I don't like. I have never been written up, warned, spoken to or anything. Just terminated.

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Lucy, Esq.

Juris Doctor

29,942 satisfied customers
I worked 26 years with Mtn, USWEST, and Qwest.I was also

I worked for over 26 years with Mtn Bell, USWEST, and Qwest.I was also married for over 27 years at the time, I also had recently moved to a new position within Qwest, my new position was Senior Corporate Trainer, one of the women I had to travel with as a trainer, I felt.she wanted more than just work relationship, this was something I did not want. She had close ties with our manager, well after our trip to Iowa and one I wouldn't be more than friends with,, all of the sudden my job bacame an impossible place to work at. I was treated rude, disrespecful, and even called illiterate from my manager.I went to our higher level manager because of the treatment, I went to our human resourcess, both of them brushed it off like there was nothing wrong.On one of the worst days with my manager, I told her I was thinking of quiting, my manager told me just leave and quit now, don't pack anything just go.I was so humiliated, I have been a valuable A rated employee for 26 years and now asked to leave.I walked out the door and left everything there, all my personal and work items.I was devastated, my 26 year company down the drain, my 27 year marriage down the drain. I was in a bad depression with no where to turn, I went back to Qwest HR and they didn't want to hear it.Some months later I was hired with Verizon Information Services, and within 6 months of service they transfered my years of service from Qwest, then a couple of months later they said to take early buyout because the were closing department in Colorado. So they gave me a package to leave, not sign off on my pension, just a package per years of service.Now as I am aging, I am looking at where my pension was going to come from once I turn 65, come to find out, Verizon sold out to Superpages, who changed names to another company and they files for bankruptcy, so when i called to find out about a pension, I found i no longer get a pension.Is there hope for me anywhere? Can I file a suit against Verizon for changing me to a company that went bankrupt, or maybe Qwest for their gross misconduct when I was seeking help.I understand this has been a while back, however as I was looking about information regarding my pension, I thought I'd better check into legal help.With the exception of Superpages going bankrupt this happened around the year 2002 time frame.sincerely *****

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Marsha411JD

Doctoral Degree

18,820 satisfied customers
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