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

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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 13 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.


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