How can I fight an allegation of employment misconduct regarding an upcoming unemployment appeal?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

How can I fight an allegation of employment misconduct regarding an upcoming unemployment appeal?

I worked for a company for 10+ years never receiving a verbal/written reprimand. On a job sight I found scrap metal and took it home. 4 other co-workers also took some. Another employee not working with us complained that he saw me with this and it wasn’t fair. My boss asked me about it and I said yes I did this. Employees always brought found items home or back to our shop to see if they were wanted by anyone. He said he would discuss with his boss but shouldn’t be a problem. However, I received letter in mail saying I was fired. 3 of the other coworkers weren’t fired or ever questioned.

Asked on October 28, 2010 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If a company policy allowed scrap or other found objects or items to be taken home by employees, then even though (if you did not have an employment contract to the contrary, and were not the victim of prohibited employment discrimination) you could be fired (since at-will employees may always be fired), you could not have been fired "for cause." Complying with a policy is not for cause. If not fired for cause, you should be eligible for  unemployment insurance. So you would need to provide evidence (documents; testimony of other employees or managers; etc.) showing that a policy existed which you followed.

Or if you feel that you have been singled out for harsh treatment on the basis of a protected category--e.g. your race, religion, age over 40, sex, or disability--you may have an employment discrimination claim.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption