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JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11396
Experience:  Government and private sector employment law experience
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I literally have my unemployment hearing in 1 hour. I am so

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I literally have my unemployment hearing in 1 hour. I am so nervous as i'm not sure if what i got fired for is wilful misconduct. I work in daycare. I had 3 claims made against me by a coworker who was trying to take my position. DCF came in and only substantiated physical neglect. BUT they told my employer and myself that they found i do NOT pose a risk to the health, safety and well being of children. They said that while was i did was inappropriate, i didn't do so purposeful or with any intent to hard the child. (claim i put an infant in crib as a time out,at time of interview i hadn't remembered why i did that, but recalled a week later and will be appealing the dcf findings.) I have no other issues after working there for 6 years. Wonder if what i was fired for (the dcf findings even though i pose no risk) is enough to be denied benefits, or considered wilful misconduct. Thank you.

I am a professional here to assist you. I appreciate your use of this service. While the DCF did not substantiate the findings, were your actions a violation of the workplace policies?

Thank you
Customer: replied 4 years ago.

dcf did substantiate one finding of neglect. I have no idea if there are any specific policy on it. Only that the owner had literally told me if i was found "guilty" of it, it wasn't grounds for firing, just re training.

An employer who operates a care service can terminate an employee for cause based on a finding of neglect, whether intentional or not, unfortunately. I would assume that would be the basis for a termination. An employee who is terminated for misconduct is typically not eligible for unemployment benefits. But, unless a hearing is pursued an employee will not know what the employer is asserting. The employer may fail to appear or may fail to produce evidence of the findings of neglect. The outcome is not known until after you see what the employer presents at the hearing.

Please take a moment to leave a positive service rating. I would appreciate it.

Thank you
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