Ask a lawyer and get answers to your legal questions

Ask a Lawyer, Get an Answer ASAP!

Questions about Misconduct

Misconduct is a wrongful, improper, or illegal conduct that is motivated by intentional or premeditated purpose or an indifference to the outcome of one's acts. In the workplace, misconduct is grounds for termination and may determine whether the employee will receive unemployment benefits. Gross misconduct in the workplace is defined as; threatening or assaulting someone without reason, theft or attempted theft from an employer, dishonesty, and continuous disregard of orders from an employer after being notified of company rules, coming to work under the influence or be in possession of illegal drugs, destruction of company property, or recurring tardiness or absences. Usually, when gross misconduct is the reason for termination, unemployment is usually denied. Below are some of the more commonly asked misconduct questions that have been answered by Experts.

I am a Professor and am being charged with sexual misconduct by a graduate student. The alleged misconduct occurred while we were both at the same bar one night in the summer of 2007. The President of the college wants to meet with me to discuss the situation and has told me to come alone. What should I do?

Generally, sexual misconduct cases are hard to prove because the misconduct is one sided one the part of the complainant. From what you are saying, it doesn't appear that the complainant would have a strong case for several reasons.

To begin with; why would a person wait from 2007 to 2009 to file a complaint of sexual misconduct. It seems odd that a person would wait this long to report an offense like the one that the student is claiming. More than likely, if this person would have went to the police and told them the incident took place two years ago; the complaint would be pushed back and forgotten.

Also, the sexual misconduct supposedly took place while you both were in a bar, off school grounds. This would seem to take the situation out of the area of school business. However, your school is a conservative religious institution, which adds its own code of conduct.

At this point, the school hasn't brought any charges against you; they simply want to discuss the circumstances. If you begin demanding that a third party be present during the meeting, you may set a bad tone for the meeting and possibly send the University President the vibe that you don't trust them to be fair and honest.

You should explain how the conversation began and why you were sharing the story with a student. You should of course, let the President know that your motives were purely innocent and that you were just trying to share a similar life experience with another person outside of school. You will have time to retain an attorney if you think the school is trying to lay blame on you. At this point, you should avoid any actions that make you appear overly defensive.

Can you explain willful misconduct by an employee?

Willful misconduct is generally a term used for employees who have been fired from their job for doing something wrong. The term suggests intentional or gross negligence by the employee. Usually, if the employer wants to deny unemployment benefits to the employee, the employee must first show a willful disregard for the employer's interest, intentional violation of company rules, unacceptable behavior, and recurring misconduct that continuously shows a disregard for the employer's interest or the employee's obligation to the employer.

How do I file legal charges of misconduct, failure to perform assigned duties, and fraud against a probate judge in South Carolina?

You can report the judicial misconduct by writing a letter to the South Carolina Commission on Judicial Conduct. When writing the letter, you need to identify the judge, describe the judge's actions in detail, and be sure to include your address and phone number so you can be contacted. For more information, please visit:

Being terminated for misconduct may result in a person not receiving unemployment benefits. There are situations where an employee feels that they have been wrongfully terminated but are unsure where to turn. If you find yourself in a similar situation or just want answers, you should ask an Expert.

Please type your question in the field below

10 verified Lawyers are online now

Lawyers on JustAnswer are verified through an extensive 8-step process including screening of licenses, certifications, education and/or employment. Learn more


Counselor at Law

Juris Doctor

24699 positive reviews


Doctoral Degree

2132 positive reviews


52357 positive reviews
See all Lawyers