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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12645
Experience:  Significant experience in all areas of employment law.
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I was accused of being a bully when in fact the company I

Customer Question

i was accused of being a bully when in fact the company I had worked for was the actual bully. They used profanity and threats of being fired all the time to this person and to other s
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. I am very sorry to hear about this. What is your question regarding this situation, exactly? How can I help you?

Customer: replied 10 months ago.
I did not abuse this woman . only tried to help her many times because the employer told her if she did not complete her work she would be fired. and i told her she better get her work done because more work may be coming out. and i also asked her daughter if she would talk to her. That is not a threat. employer told me to leave her alone or they would escort me out of the building. THE NEXT DAY I WAS FIRED FOR BEING A BULLY. I never said another word to her but still got fired. Now I can not get My unemployment and I HAVE NO JOB. I dont think I bullied her in any way just tried to help her. they even said they have witnesses.I dont even know how this happened or What to do to get uneployment. even lossed my vacation pay. Can you give me your thoughts Thank you
Expert:  Patrick, Esq. replied 10 months ago.

Thank you. I am very sorry to hear that this happened.

Regarding the legality of the termination, employment in all states but Montana is purely "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. Therefore, I'm afraid to say you could be fired based on the false and unfair conclusion that you were engaging in bullying.

Eligibility for unemployment benefits is a completely separate matter, though. When it comes to unemployment benefits, the question is whether you were terminated for reasons amounting to "misconduct." This is reserved for rather severe violations of policy that were either reckless or intentional. It doesn't sound like the conduct you engaged in comes anywhere close to this, so what you need to do is make your case the very best you possibly can that you did not engage in misconduct and that your actions were reasonable. There is generally a presumption in FAVOR of the employee when it comes to unemployment benefit eligiblity, the chances you will succeed with an appeal of your denial are reasonably good. The denial letter you received should contain instructions for how to appeal. You need to follow those and lodge your appeal as soon as possible.

As for the vacation, employers are free to establish their own policies with respect to whether vacation is payable upon termination of employment. If your employer had a policy that vacation would be paid unless you were terminated for misconduct, you could sue in small claims court arguing that the reason you were terminated does not rise to the level of misconduct and thus that your employer breached your contract. That would be your recourse for the non-payment of the vacation days.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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