Fired then denied Unemployment

[LegalDrugDealer]

What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? Indiana. My story...In January 2015 I started working for a local drug store. At the time I had been having an affair with the owner/pharmacist. She asked me to come work for her and was willing to pay me what I was making at the job I had had for 25 years ($48,000 per year) Things were good for awhile the affair became easier since we were together many night after hours. Fast forward 2 1/2 years to May 2017 and things weren't that great anymore. I began to think she was having an affair with some else and accused her of this. After I got back to the store from making deliveries we proceeded to get into an argument about my accusations. She stated "if I want him again I will have him" I said "F you" and she said "you only wish you were still F'ng me" At this point I shoved her and she fell to the ground she jumped up instantly and stated I was fired! Now this is not something that I am proud of at all. I have never laid my hands on a woman and feel terrible about it! The next morning I texted to ask her if i was still an employee and she texted and said I was suspended for 3 days. I told her I had no choice to but to tell my wife of the affair. I texted her and told her that I most likely wouldn't be able to be around her or work for her after I told my wife. Later that morning I was arrested for a class A misdemeanor which is pending looking at a 1 year probation. I filed unemployment and the DOWD sent me a denial due to gross misconduct. I appealed it stating my termination had nothing to do with my job performance and everything to do with the affair. When I received the paperwork from the employer before appeal hearing the employer stated I had quit. The Judge favored for the employer and I was denied. I plan on appealing again to the Review Board. Needing advice on how to approach the appeal. Sorry for the length I just feel like I was denied unjustly.

 

[CTU]

What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? Indiana. My story...In January 2015 I started working for a local drug store. At the time I had been having an affair with the owner/pharmacist. She asked me to come work for her and was willing to pay me what I was making at the job I had had for 25 years ($48,000 per year) Things were good for awhile the affair became easier since we were together many night after hours. Fast forward 2 1/2 years to May 2017 and things weren't that great anymore. I began to think she was having an affair with some else and accused her of this. After I got back to the store from making deliveries we proceeded to get into an argument about my accusations. She stated "if I want him again I will have him" I said "F you" and she said "you only wish you were still F'ng me" At this point I shoved her and she fell to the ground she jumped up instantly and stated I was fired! Now this is not something that I am proud of at all. I have never laid my hands on a woman and feel terrible about it! The next morning I texted to ask her if i was still an employee and she texted and said I was suspended for 3 days. I told her I had no choice to but to tell my wife of the affair. I texted her and told her that I most likely wouldn't be able to be around her or work for her after I told my wife. Later that morning I was arrested for a class A misdemeanor which is pending looking at a 1 year probation. I filed unemployment and the DOWD sent me a denial due to gross misconduct. I appealed it stating my termination had nothing to do with my job performance and everything to do with the affair. When I received the paperwork from the employer before appeal hearing the employer stated I had quit. The Judge favored for the employer and I was denied. I plan on appealing again to the Review Board. Needing advice on how to approach the appeal. Sorry for the length I just feel like I was denied unjustly.

Dude, you ASSAULTED her. What did you think was going to happen?

While there's nothing stopping you from appealing again (if it's possible at all), I don't see anything changing.

 

[Zigner]

You SHOVED YOUR BOSS TO THE GROUND. That is gross misconduct in just about any sense of the phrase.

 

[Zigner]

Dude, you ASSAULTED her. What did you think was going to happen?

While there's nothing stopping you from appealing again (if it's possible at all), I don't see anything changing.

Yeah, THAT!

 

[PayrollHRGuy]

You really don't think you should receive unemployment after physically assaulting your employer do you affair or no affair?

 

[cbg]

Nothing ventured nothing gained but I can't see a denial being overturned in this case. I don't know where you got the idea that job performance is the only relevant criteria; workplace conduct is very much a relevant factor, too.

 

[commentator]

I would suggest you spend some real serious time and effort seeking another job. Don't waste any more time on unemployment issues. Work situations like this, (which I admit, I've usually seen from the female employer/male employer before) rarely go well, or last long, and rarely lead to the terminated party being able to draw benefits. What you really should've done was formally asked her for a separation notice since your relationship was over and you two would've been unable to continue working together. And then have permitted her to fire you without all the drama and physical violence if she didn't want to lay you off due to lack of work and have you go away and draw benefits.

Instead you had an altercation in which you admittedly shoved her to the ground. She did the very smartest thing in that she pressed charges against you.

Whether you were fired, as she originally said, or you quit, as she said later, there's no potential I can see in this situation for your being able to show that you are "out of work through no fault of your own." In fact, any way you cut it, quit or fired or whatever, you're going to be found to be out of work for cause directly related to your own behavior.

Maybe someone else on the boards can come up with a wonderful argument for your being able to draw benefits in this situation, but I sure can't. Incidentally, gross misconduct on the job is a clean clear justification for termination without unemployment benefits, it doesn't have to be about your job performance, or whether it was related to the affair or not. This woman was your supervisor on the job. You shoved her to the ground. Perhaps for a "personal" reason, like that she insulted your manhood or something, but you did it, on the job, to your supervisor. Now come up with some reason why her terminating you was "unjust." I can't see it.

And it's going to be really tough for you to replace what you've had in terms of your employment. You certainly shouldn't count on a good reference from her, and it's going to be costly to get out of this without any sort of criminal record.

 

[Just Blue]

What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? Indiana. My story...In January 2015 I started working for a local drug store. At the time I had been having an affair with the owner/pharmacist. She asked me to come work for her and was willing to pay me what I was making at the job I had had for 25 years ($48,000 per year) Things were good for awhile the affair became easier since we were together many night after hours. Fast forward 2 1/2 years to May 2017 and things weren't that great anymore. I began to think she was having an affair with some else and accused her of this. After I got back to the store from making deliveries we proceeded to get into an argument about my accusations. She stated "if I want him again I will have him" I said "F you" and she said "you only wish you were still F'ng me" At this point I shoved her and she fell to the ground she jumped up instantly and stated I was fired! Now this is not something that I am proud of at all. I have never laid my hands on a woman and feel terrible about it! The next morning I texted to ask her if i was still an employee and she texted and said I was suspended for 3 days. I told her I had no choice to but to tell my wife of the affair. I texted her and told her that I most likely wouldn't be able to be around her or work for her after I told my wife. Later that morning I was arrested for a class A misdemeanor which is pending looking at a 1 year probation. I filed unemployment and the DOWD sent me a denial due to gross misconduct. I appealed it stating my termination had nothing to do with my job performance and everything to do with the affair. When I received the paperwork from the employer before appeal hearing the employer stated I had quit. The Judge favored for the employer and I was denied. I plan on appealing again to the Review Board. Needing advice on how to approach the appeal. Sorry for the length I just feel like I was denied unjustly.

Charming user name.

 

[The Occultist]

Charming user name.

For what it's worth, I do know a handful of people that do, or used to, work at a pharmacy, and they all tended to have senses of humor that would align with such a user name. Not saying that this makes this guy any better, but I'm certain it doesn't really make him any worse.

 

[quincy]

For what it's worth, I do know a handful of people that do, or used to, work at a pharmacy, and they all tended to have senses of humor that would align with such a user name. Not saying that this makes this guy any better, but I'm certain it doesn't really make him any worse.

I agree.

I have a pharmacist friend who sometimes refers to herself as a drug dealer. Perhaps you have to know the person to appreciate the humor.

With more and more pharmacists being convicted on prescription drug fraud charges, though, the label might not be as humorous as it once was.

 

[commentator]

If this person is actually a pharmacist, I would certainly be hiring good legal counsel, because he could possibly lose his license as well as his reputation (and his potential for unemployment benefits) in a situation such as he describes.

 

[TheGeekess]

Charming user name.

For what it's worth, I do know a handful of people that do, or used to, work at a pharmacy, and they all tended to have senses of humor that would align with such a user name. Not saying that this makes this guy any better, but I'm certain it doesn't really make him any worse.

I agree.

I have a pharmacist friend who sometimes refers to herself as a drug dealer. Perhaps you have to know the person to appreciate the humor.

With more and more pharmacists being convicted on prescription drug fraud charges, though, the label might not be as humorous as it once was.

My dad was a pharmaceutical manufacturer's rep for over 50 years. He came to my HS to pick up a load of fruit for one of our many band fundraisers. He told my friends that he was a drug pusher. I got called to the counselor's office to explain his comment because someone complained.

 

[quincy]

My dad was a pharmaceutical manufacturer's rep for over 50 years. He came to my HS to pick up a load of fruit for one of our many band fundraisers. He told my friends that he was a drug pusher. I got called to the counselor's office to explain his comment because someone complained.

It is certainly an accurate description for the job. Apparently there are a lot of humorless people around.

Common sense should tell most people that dealers of illegal drugs are not exactly in the habit of calling themselves drug dealers (except perhaps to their "clients ").

 

[LegalDrugDealer]

I would suggest you spend some real serious time and effort seeking another job. Don't waste any more time on unemployment issues. Work situations like this, (which I admit, I've usually seen from the female employer/male employer before) rarely go well, or last long, and rarely lead to the terminated party being able to draw benefits. What you really should've done was formally asked her for a separation notice since your relationship was over and you two would've been unable to continue working together. And then have permitted her to fire you without all the drama and physical violence if she didn't want to lay you off due to lack of work and have you go away and draw benefits.

Instead you had an altercation in which you admittedly shoved her to the ground. She did the very smartest thing in that she pressed charges against you.

Whether you were fired, as she originally said, or you quit, as she said later, there's no potential I can see in this situation for your being able to show that you are "out of work through no fault of your own." In fact, any way you cut it, quit or fired or whatever, you're going to be found to be out of work for cause directly related to your own behavior.

Maybe someone else on the boards can come up with a wonderful argument for your being able to draw benefits in this situation, but I sure can't. Incidentally, gross misconduct on the job is a clean clear justification for termination without unemployment benefits, it doesn't have to be about your job performance, or whether it was related to the affair or not. This woman was your supervisor on the job. You shoved her to the ground. Perhaps for a "personal" reason, like that she insulted your manhood or something, but you did it, on the job, to your supervisor. Now come up with some reason why her terminating you was "unjust." I can't see it.

And it's going to be really tough for you to replace what you've had in terms of your employment. You certainly shouldn't count on a good reference from her, and it's going to be costly to get out of this without any sort of criminal record.

Thank you for your input! They ended up stating it was not for gross misconduct, but the fact that in her words I quit through a text message that said "I would not be ale to work around you", followed by a text "if I have to tell my wife about the affair'! It was stated no where in the first denial from unemployment that "I quit". I just feel I went above and beyond with her for her place of business and feel I am due the few short weeks I would have drawn unemployment.

I will be paying for the shoving with criminal charges and I accept that! I am totally responsible for those actions and get what I deserve. I feel terrible about that situation, emotions got the best of me. But this woman was so controlling and I let myself get way way to involved. It honestly though is probably the best thing that could have happened because now it's over and there is no more lying to the people I care about.

Thank you for you comments

 

[Chyvan]

the employer stated I had quit. The Judge favored for the employer and I was denied.

the fact that in her words I quit through a text message that said "I would not be ale to work around you", followed by a text "if I have to tell my wife about the affair'!

You said that she said you quit.

WHO submitted the text messages as evidence? I think based on the text messages that you did you quit. You should have gotten help BEFORE you even filled out the application for UI, BEFORE you had a phone interview, and BEFORE you attended a hearing. Statistically, only 30% of cases that go before the board of review result in anything changing. The odds are not in your favor.