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Wrongful Termination?
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Wrongful Termination?

My husband was recently fired from his job, and the details leading up to it are fishy to me. First off, my husband was a service manager, and had worked for the company for 3 years. In three years, he had been nothing but reliable, and was always there. He never violated any rules. An auditor came in and found a discrepancy in paperwork. My husband admitted he didn't know the paperwork was incorrect and he was assured he would be fine. Three days later he was fired for that paperwork.He has applied for unemployment in the state of Indiana, and I am worried they will deny him under the misconduct law. My question is, does this seem like misconduct, or a wrongful termination? He wasn't warned or written up regarding it, just fired.


    




Judy
Rating
He'll most likely still be able to collect unemployment. Misconduct is usually something like not showing up for work when scheduled, drinking on the job, punching someone, stealing......


rurouni33569
Well when he applies for unemployment Im sure they will deny him. There is a procedure to appeal and get the benefits, but you will probably lose.

Unfortunately his job is at-will employment so they can terminate him for any reason or no reason at all. What they will tell the unemployment agency when they ask about his termination is that "His mistake was so serious he could not be given a second chance"


Knight
It happened to me also, unfortunately the company will win, greedy companies always do, one way to make cutbacks, they'll find someone that's getting paid too much, and find any small mistake to let them go. Even if it's not that serious, they'll make a big deal out of it, saying that your husband should of known better, he knew the rules/policies, blah blah, hope he gets unemployment somehow, I didn't. Not easy, hope he finds another job quick also. Good luck


Foxes
1) when he fills out the paperwork, he should explain he does not know why he was fired.
2) appeal the decision if he loses. but he will get a hearing. tell him to be honest, calm.

I bet he wins the unemployment.

The most important thing is to look for a job.

You can look up misconduct in Indiana unemployment law...for fighting the case.

I would also figure out what you would like and write the company asking for better severage, etc.

I was fired for "misconduct" last year.
I first asked for all my sick pay and got it. I told them we want to make this mutually pleasant or something.

Then I realized another similar situation where a white male had did a similar thing...and asked for a hearing ans wrote the head of HR...and ended up they offered a settlement..and in my settlement I asked them not to appeals the unemployment.

Mind you.
1) I taught Human Resources at Master's level ...and the head of Human Resources I actually loaned books to.
2) I've never lost unemployment.

My expertise is "auditing"... I was on the governing board of directors of the institute of internal auditors in Indianapolis and was President of the Association of Certified Fraud Examiners.

if you want me to help just email me..

Right here right now I will tell you not to expect anything...

I do not think lawsuit,...is in order...but you can ask for better settlement.

In any case you need to find a job.

Maybe they felt it was easier to fire him and say see problem solved.

I really would want to hear more of specifics, if you want, but offline.





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