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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56555
Experience:  Licensed attorney helping employers and employees.
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I was fired for a company policy violation. I worked at a

Customer Question

I was fired for a company policy violation. I worked at a hospital and asked a co-worker to look up information regarding a patient. I did not give the patients name, however by process of elimination, my co-worker located the patient. I only asked for lab results as the patient was admitted for a potentially contagious disease and my co-worker gave me no other information other than yes or no.
The reasoning for the questioning was for the safety of my son who was incarcerated at the time through Veterans Treatment Court and was exposed to the patient and quarantined and not being told any information after 3 days. He was not allowed to see his attorney, whom could have put on isolation apparel and seen him and the same with seeing the judge.
I did not specifically tell me son yes or no as to whether the patient was positive or negative, but he was able to figure it out by my reaction to his questions.
Ironically 2 hours afterwards, the quarantine was lifted.
I was denied unemployment benefits due to company policy violation and am inquiring if this is worthy of an appeal.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Infolawyer replied 11 months ago.

I reviewed your facts. I think it is worthy of an appeal. The burden of proof is on the employer. From facts mentioned it is not cleat at all that the reason is legitimate or for cause. You can prevail on appeal pointing to their decision being arbitrary, not based on misconduct, inconsistent statements, motive, or any other inconsistencies or lack of proof as well as reference to years of good service and lack of termination of anyone else for such reasons at the company.

Customer: replied 11 months ago.
Thank you for your response. The co-worker I asked to look up the information was terminated as well. Also, given my son was incarcerated, the calls are recorded. Can the employer bring those as evidence, even though, I never gave a direct response as to if the patient was positive or negative? The violation is asking someone to look up information that is a not work related.
Expert:  Infolawyer replied 11 months ago.

This information would not be appropriate and should not be considered. It is not grounds for termination for cause.

Expert:  Infolawyer replied 11 months ago.

Please rate me 5 stars.