An employee gets a verbal and written warning for sleeping on the job and 3 months later is still sleeping on the job, we're talking anywhere from 10 min. to 1 hour at a time. Employee get fired, stating she had three months to get it straightened (employee said it had to do with medicine which makes her fall a sleep and now she is applying for unemployment . I FEEL THIS IS MISCONDUCT AND SHE SHOULD NOT BE ENTITLED TO UNMEPLOYMENT
2006-11-15 21:21:56 · 5 answers · asked by snoopy 2 in Politics & Government ➔ Law & Ethics
She has been fired for cause and in most cases this will prohibit her from unemployment. But, unemployment does investigate each case and awards/denies based on the merits of each case. I have terminated people for much worse and then have been contacted by unemployment and they have received benefits. Whether you feel she deserves the benefits is not your concern.
2006-11-15 21:26:45 · answer #1 · answered by Anonymous · 1⤊ 0⤋
What you feel is of no importance. If the law states she can collect unemplyment and she has paid into it then she is intitled to it. You are not the one who is paying her unemployment so why does it even matter to you if she gets it or not. The employee has to eat and have some money to live on. She could even get an attorny and sue the company for firing her if she has a medical problem and they knew about it. If she wasnt behind on her work or making more work for others or causing the company to loose money she could very well sue them for firing her. If she were smart and could prove that the time that she was sleeping was her break time that she was using and would work without taking the breaks they would be in even more trouble. Are you the owner of this company? I doubt it and since you are not the one paying her unemployment and she is no longer working there with you why are you even worried about what she does?
It wasnt misconduct on her part if her medication was causing her to sleep its called a medical problem.
2006-11-16 05:35:23 · answer #2 · answered by hersheynrey 7 · 0⤊ 2⤋
She will have a hard time getting unemployment, especially since she was already given two warnings for the same thing before.
2006-11-16 06:18:28 · answer #3 · answered by rosey 7 · 0⤊ 0⤋
Just because she is applying does not mean she will get it. They investigate each and every case. If she was unfairly let go than in 10 weeks she will start recieving her benefits. However if it happen how you stated she is not going to get a dime.
2006-11-16 05:55:27 · answer #4 · answered by wondermom 6 · 0⤊ 0⤋
The burden of proof is on the employer! A referee will call them to a hearing and decide whether or not she is able to receive unemployment!
2006-11-16 05:34:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋