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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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A friend was just terminated for misconduct. He made an off-handed

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A friend was just terminated for misconduct. He made an off-handed remark about firearms that a fellow worker construed as threatening and reported to their mutual boss. The boss went to HR. The following day my friend went to work and was escorted by security to HR where he was told to go home and await a decision. The following day he received a call from HR telling him he was fired. The pink slip says "misconduct of policy" in the reason block.

Can he collect unemployment?

My name is XXXXX XXXXX I will be assisting you with your legal question.

Your friend is likely entitled to unemployment benefits. However, the law provides that if there is a termination for violation of an employment policy, then a hearing will be held to determine if the violation was intentional and the policy was known and uniformly enforced. If your friend knew the rule and violated it anyway (which does not sound like the case here), then he would not be eligible for benefits.

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Kind regards,
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