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Fired yesterday ... am I eligible for UC benefits?

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DesperateInRI
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Post by DSG Tue Dec 18, 2012 11:37 am

Yesterday I was called in and terminated for "inappropriate behavior". I was never asked my version of events and the events relayed to me are not accurate.

On a weekend (I was not working) I was at a resort where I had a room, the company I worked for ( a very large company) was having a holiday party in one of the ballrooms that over flowed into the corridor. I ran into them as I had to walk through that area after dinner at one of the restaurants in the resort. I learned it was a party for the company when I commented on how lovely a gal looked ( she said, thanks... we are here for our XXX office party).

A lady overheard me saying that I too work for XXX company.... she asked which office... then invited me and husband to join them for dinner at her table ( she as a very large boss in the company). We declined the invite as we had just had dinner, but did return later for a drink and dancing as she had invited us to do.

I made the grave error of lighting a cigarette on the dance floor, and was then physically removed by 5 people. 3 girls and 2 men ( husbands of the girls). The girls said the removal was at the request of the big boss due to the cigarette.

Earlier, while dancing with the big boss - she gave me her card said to call her, she really likes me and wants me in her division, she will put me in any office I want.

I saw her later and let her know that the 5 person removal was a bit excessive, I'm not sure if she is aware that occurred, but that I wanted her to know. Her parting words were " I thank you for handling that like a lady".

Yesterday, at 4:50 pm I was called into my Directors office and told that this big boss made a call to my Director's boss and the story is :

I invited myself to dinner at her table ( not true), she said that was not appropriate but I could come back later.. when I returned an hour later, I was visibly intoxicated, while there I drank heavily ( not true - I had 1 glass of wine and 1 glass of water), that I took the DJ's tamborine and danced with it (I did dance with it - after he came and danced next to me and passed it to me).

I was told that this company just can't have people work for them who behave this way. I was told by my director that perhaps I just don't remember because I was too intoxicated as there are 120 witnesses to this event.

I have the business card given to me by the Regional Director.... why would she have given me her card if I invited myself to her dinner table and did all the things she is saying?

In the version of events told to me during the firing process, there was no mention that I was offered a job at any office in her division I wanted... it was said that I asked her for a job saying I had to get the eff out of my current office. That just doesn't make any sense that her response to that would be...here is my card.. call me.

I wasn't working, I was not at my office party... I was an invited guest to her party...we just happen to work for the same company. Will I be denied UC? How do I prove it wasn't as she say's it was. My husband was there and a witness to the entire event.

Sorry for the ramble... I'm a bit stressed.


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Post by stillnutty Tue Dec 18, 2012 5:42 pm

File a claim immediately. If your claim is denied, or contested by your former employer, you have the right to an appeal. Good Luck

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Post by elvis44102 Tue Dec 18, 2012 6:09 pm

welcome to the forum.....yes file a claim
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Post by DSG Tue Dec 18, 2012 6:23 pm

I applied for UC last night. Thanks for the welcome & the responses.

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Post by DesperateInRI Tue Dec 18, 2012 10:22 pm

Good luck! Hope this works out in you favor.
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Post by DesperateInRI Wed Dec 19, 2012 10:04 am

If you are denied, appeal immediately, with the help of an attorney! A lot of company sponsored events are "extensions" of that company's workplace. In most states, before hosting an event like this, a business must purchase temporary liability insurance in case someone is injured for any reason ranging from a slip and fall to a serious DUI accident. Employees are expected to adhere to company policies within reason. This area is very tricky, don't go into an appeal process alone.
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Post by JennyPA73 Wed Dec 19, 2012 2:45 pm

Sorry, but it sounds to me that something you did was out of line. If it looks like a duck, quacks like a duck, it's a duck. If you tried to light a cigarette on the dance floor, that suggests to me that you were too intoxicated to use good judgment. Smoking in bars, restaurants, and dance clubs has been banned for YEARS. If you weren't able to think clearly enough to go outside to smoke, most likely your boss is right and you were too intoxicated...especially getting involved with the big boss as you put it, it's asking for trouble. You're never going to win this one. When applying for unemployment compensation, your state's department of labor and industry will contact your former employer. If they explain that your misconduct resulted in you being fired, you will not be eligible. You can request an appeal which will take place with a representative of your company, possibly witnesses, and definitely a corporate lawyer. The rep from the department of labor and industry will be there, asking questions, and everything is transcribed. I know because I went through this personally not because I was fired though. There is no way you're going ti win this one...Sorry, but I had to give you some truth tea.

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Post by stillnutty Wed Dec 19, 2012 6:41 pm

You can t take back what happened, but see how things play out, and how much your ex employer disputes your claim.

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Post by Guest Wed Dec 19, 2012 7:07 pm

An employer cannot tell an employee how to behave or who not to associate with outside working hours.

Since you have ample proof that your firing was on this basis, if I'm correct on this, you may have very good grounds for legal action as well as unemployment.

Hope so.

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Post by John Simmons Wed Dec 19, 2012 10:26 pm

You have grounds for legal action, but make sure you honestly believe the employer was at fault before pursuing it. This could save you money and headache in the long run.

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Post by lendmeflight2 Tue Dec 25, 2012 11:02 pm

I see both sides to this. "inappropriate conduct" is one of the named reasons for termination that disqualifies you for benefits. It seems like they wrote it up this way to keep you from collecting. The story seems odd, I feel like their must be more to it.

So you just happened to be in the same hotel and you got invited to a higher ups table, declined, then ended up there and was offered a job. Soon afterward you were ejected and then all of these people reversed their story and you were fired?

It seems to me like they wouldn't have to go to this length to fire you. There are much easier ways to get it done. With that being said, you have to be careful when you are at work functions.

I feel like you will be turned down at first but you might be able to get it on appeal IF you show that you made a personal mistake and deserve a chance to not lose everything you have due to unemployment. Keep in mind, you DO deserve this chance, regardless of what you did or didn't do.

Keep you head up and get counsel if you can.

Just my two cents. Do with as you will.
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Post by John Simmons Wed Jan 02, 2013 11:25 pm

Your best course of action, as others have stated, is to file a claim. Before doing that though, I would try as hard as I can to reflect back on the situation as to how things could have happened. Lighting a cigarette on the dance floor at a company get-together is a very unusual occurrence. Even if you didn't do the things that they said you did, that very dance floor moment can rattle the imaginations at almost anyone at the event. "Did you see that crazy lady on the dance floor?" "What was that drunk woman thinking?" Even if the big wig who gave you the business card was in fact genuinely impressed, the pressure from others' descriptions/complaints of you could have easily changed her tune. Stay strong, move forward, and you will get through this. Just try and make a concerted effort to remain professional at all times, even in 'social' settings. I don't mean to preach, but I do believe you will be blessed with something better.

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Post by MistyBlue Fri Jan 04, 2013 11:13 am

I agree with the others - file a claim anyhow. The worst they can do is say no, right? And you can always appeal if they do turn down your claim.

Best of luck!
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