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Questions about Termination for Misconduct

Employers in “at will’ employment states can terminate employees for a number of reasons, including misconduct. Some employers have a termination policy that lists the various grounds that can qualify for a termination for misconduct. Whether such a policy exists or not, legal questions are bound to arise when a person is faced with termination for misconduct.

Below are some of the most commonly asked questions about termination for misconduct.

In March someone broke into my house and hit me before they escaped. I spoke to my employer and said that I wasn’t sure I could come into work since I had to have my doors repaired. I also said that if I could manage to get it fixed in time for me to report to work, I’d call him back. He called the next day and terminated me because he said he had asked me to call back. He thought this was a “no call, no show.” I was a wreck from this ordeal and yet I knew that what he said wasn’t true. I have papers to prove the door repairs and alarm system, and also police reports. The termination policy says that three no-calls or no-shows qualify as grounds for termination. But I did call on the day. Yet, I was terminated for misconduct. What legal rights do I have now?

You could have a case of wrongful termination and maybe even breach of contract if there is a contract in place, since it appears your employer did not follow the contract guidelines as you mentioned. You would need to prove that you did call him on the said day, which you could do with the help of phone records. Damages could be claimed in the form of lost wages.

I was terminated for misconduct in September. I started receiving unemployment benefits in December. Can I still file for wrongful termination?

Usually, the only time you can file for wrongful termination is if you got fired because of discrimination based on age, race, national origin, gender, religion, or disability. If that applies, you have 180 days to go to the Equal Employment Opportunity Commission and file a complaint with them against your employer. So as of now, it is still not too late for you to file. Check their website out at www.eeoc.gov.

I live in Texas, and my employment was terminated on the basis of possible misconduct. Yet, even though others in my office were also guilty of committing the same offense, nobody else was terminated. They were either given a step-one disciplinary action, or no action was taken at all. There was also inaccurate information in my termination paperwork. What legal action can I take?

The state you are in is an “at will” state. This would mean that your employer is allowed to terminate employment for almost any reason as long as that doesn’t violate company policy, an employment contract, or the employment discrimination law. Having said that, it appears that your company does have some kind of disciplinary action policy in place. If this kind of discipline is required to be enforced every time there is a case of misconduct, then it looks like the company didn’t follow its own rules. In that case, you could fight a wrongful termination case with the help of a local employment lawyer.

Termination for misconduct can sometimes result in a case of wrongful termination. To understand the difference and know your rights, tap into the legal experience of Employment Lawyers and safeguard your interest by being well informed about the law. Questions on Being Terminated for Misconduct Employers in “at will’ employment states can terminate employees for a number of reasons, including misconduct. Some employers have a termination policy that lists the various grounds that can qualify for a termination for misconduct. Whether such a policy exists or not, legal questions are bound to arise when a person is faced with termination for misconduct. Below are some of the most commonly asked questions about termination for misconduct.

In March someone broke into my house and hit me before they escaped. I spoke to my employer and said that I wasn’t sure I could come into work since I had to have my doors repaired. I also said that if I could manage to get it fixed in time for me to report to work, I’d call him back. He called the next day and terminated me because he said he had asked me to call back. He thought this was a “no call, no show.” I was a wreck from this ordeal and yet I knew that what he said wasn’t true. I have papers to prove the door repairs and alarm system, and also police reports. The termination policy says that three no-calls or no-shows qualify as grounds for termination. But I did call on the day. Yet, I was terminated for misconduct. What legal rights do I have now?

You could have a case of wrongful termination and maybe even breach of contract if there is a contract in place, since it appears your employer did not follow the contract guidelines as you mentioned. You would need to prove that you did call him on the said day, which you could do with the help of phone records. Damages could be claimed in the form of lost wages.

I was terminated for misconduct in September. I started receiving unemployment benefits in December. Can I still file for wrongful termination?

Usually, the only time you can file for wrongful termination is if you got fired because of discrimination based on age, race, national origin, gender, religion, or disability. If that applies, you have 180 days to go to the Equal Employment Opportunity Commission and file a complaint with them against your employer. So as of now, it is still not too late for you to file. Check their website out at www.eeoc.gov.

I live in Texas, and my employment was terminated on the basis of possible misconduct. Yet, even though others in my office were also guilty of committing the same offense, nobody else was terminated. They were either given a step-one disciplinary action, or no action was taken at all. There was also inaccurate information in my termination paperwork. What legal action can I take?

The state you are in is an “at will” state. This would mean that your employer is allowed to terminate employment for almost any reason as long as that doesn’t violate company policy, an employment contract, or the employment discrimination law. Having said that, it appears that your company does have some kind of disciplinary action policy in place. If this kind of discipline is required to be enforced every time there is a case of misconduct, then it looks like the company didn’t follow its own rules. In that case, you could fight a wrongful termination case with the help of a local employment lawyer. Termination for misconduct can sometimes result in a case of wrongful termination. To understand the difference and know your rights, tap into the legal experience of Employment Lawyers and safeguard your interest by being well informed about the law.
Ask a Employment Law question
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