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Recent Gross Misconduct questions

I was fired recently for not meeting the minimum level of

Hello... I was fired recently for not meeting the minimum level of performance (in terms of units of service) required for my job (an outreach mental health counselor). Is there any chance that I could be granted unemployment benefits?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New JerseyJA: Is the employment agreement "at will," union, full time or part time?Customer: Full Time, no union, "at will"JA: Anything else you want the lawyer to know before I connect you?Customer: My termination date was yesterday, actually, 4/18/17.

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Gerald-Esquire

Juris Doctor

7,134 satisfied customers
I was terminated from my previous employer last week. My

I was terminated from my previous employer last week. My termination stsus is "Separation due to performance." I do not agree with that claim, but my main concern is that I will not be eligible for unemployment benefits. Can you let me know if that's true?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Has anything been filed or reported?Customer: Not yet.JA: Anything else you want the lawyer to know before I connect you?Customer: I only want to challenge them if I don't apply for unemployment benefits.

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Loren

Juris Doctor

43,682 satisfied customers
How to win a case for gross misconduct for unemployment

How to win a case for gross misconduct for unemployment benefitsJA: Can you tell me what state this is in? And was the incident documented in any way?Customer: The state is Maryland and this was my first offense. It was a phone call I had with a customer calling to check the status of a tech visit. Customer called at least 2x. I didn't safeguard the customer's accountJA: Has anything been filed or reported?Customer: yes, I was denied unemployment benefits from the initial phone interviewJA: Anything else you want the lawyer to know before I connect you?Customer: This was my only offense in 18 years working for the company

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Infolawyer

Attorney

Juris Doctor.

42,412 satisfied customers
I was recently fired from a job. They are saying COBRA has

Hello.I was recently fired from a job. They are saying COBRA has determined I am not eligible to apply for benefits.

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John

Attorney

Doctoral Degree

9,282 satisfied customers
Are employers able to have an employee with a negative

Are employers able to have an employee with a negative conduct record sign an unemployment waiver as part in keeping their job? If so, would it hold up in court?

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Loren

Juris Doctor

43,682 satisfied customers
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

38,064 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

43,682 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

43,682 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

20,076 satisfied customers
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