To: Kat804 re: unemployment

[swalsh411]

You closed your thread for some reason.

Based on what you posted I think the chances the initial denial due to misconduct will be overturned is pretty good. A single heated exchange with one's supervisor is almost certainly not misconduct. The unemployment examiner probably didn't need to hear any more because the employer couldn’t even come close to meeting their burden of proof. Unless your employer can show evidence that you were a loud obnoxious person who had been repeatedly warned to control themselves, a single incident where you raised your voice at your boss is not going to disqualify you.

Now having said that, if you left something out, like physically attacking your boss, showing up to work drunk, or bad-mouthing the business to customers then the answer would change.

 

[kat804]

Did not mean to close. I did another thread

Thanks for your reply. I did not leave anything out. This was an isolated incident. Everyone at dealership is worried for their job. They said if I could be let go anyone could. They knew my wedding was a month away. My mother just passed. I won an award 2 weeks before this happened. I guess because the wrong doing is so over the top I assumed it would be an open and shut case. I don't understand why I did not get call today.

You closed your thread for some reason.

Based on what you posted I think the chances the initial denial due to misconduct will be overturned is pretty good. A single heated exchange with one's supervisor is almost certainly not misconduct. The unemployment examiner probably didn't need to hear any more because the employer couldn’t even come close to meeting their burden of proof. Unless your employer can show evidence that you were a loud obnoxious person who had been repeatedly warned to control themselves, a single incident where you raised your voice at your boss is not going to disqualify you.

Now having said that, if you left something out, like physically attacking your boss, showing up to work drunk, or bad-mouthing the business to customers then the answer would change.

 

[Zigner]

Thanks for your reply. I did not leave anything out. This was an isolated incident. Everyone at dealership is worried for their job. They said if I could be let go anyone could. They knew my wedding was a month away. My mother just passed. I won an award 2 weeks before this happened. I guess because the wrong doing is so over the top I assumed it would be an open and shut case. I don't understand why I did not get call today.

As was mentioned, you'll likely be eligible for unemployment. There was nothing illegal or improper (from a legal standpoint) with your firing.

 

[swalsh411]

If the employer was not able to substantiate misconduct there would be no reason to contact you to get your side of the story.

 

[kat804]

If the employer was not able to substantiate misconduct there would be no reason to contact you to get your side of the story.

MasterShake I like the way you think! Thank you! Praying you are correct.