Fired for violating policy

[niecygee]

My daughter was recently terminated for violating the company's policy regarding sending emails to an outside address. After allegations surfaced that she spent too much time in the back room, she sent her emails to herself so she could pick the appropriate ones to defend herself with HR. Brief background: she took lead at her store while there was no manager, scheduling employees, ordering, reporting etc. District Mgr was never around or responsive. The manager returned and the store closed a week later. Once they did not need her to run the store, allegations from two poorly rated employees were used against her. She did'nt know the email rule (i know, ignorance isn't a defense) and ended up terminated with out severance. She sent a letter detailing her activities and to defend herself. She also asked for compensation which was denied. Month later files for unemployment and her employer included a four page email chain that mentioned her letter and used the phrase "wave of lies". The EED interviewer didn't believe a word she said because of this. Can they include information like that if it happened after her dismissal and had nothing to do with the cause for termination? Oh and her dist mgr told employees at other stores why she was fired, using her name. Is that okay?

 

[Duranie]

She can appeal the unemployment but she might want to just find another job. Also there is nothing illegal about telling other employees why she was fired. Unprofessional yes but probably not illegal.

 

[niecygee]

still looking for clarification

Of course she is actively looking for a job, but the unemployment benefits would be helpful in the interim. I'm still wondering if it is okay for them to include unrelated negative accusations that had nothing to do with her employment or termination in their response to the claim. thank you!

 

[de_novo]

An unemployment Service Center will look for the primary reason she was terminated, not things that "pop up" afterward unless they are so egregious that they violate someother form of criminal code. As for the email, any Referee would probably admit it into the record, but not use it to weigh his/her decision as to granting unemployment benefits. What she needs to concentrate on is illustrating that while it may have been a rule violation, it was not WILLFUL MISCONDUCT. In a case such as this, it sounds like that is the cause they used to sever the employee-employer relationship.