What are my rights if I was terminated for gross misconduct on the grounds of denying moving a printer within the office, which I didn’t do?
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What are my rights if I was terminated for gross misconduct on the grounds of denying moving a printer within the office, which I didn’t do?
I worked in an office of 3 people; 1 being myself. I filed for unemployment and was denied because the third party in the office gave a witness statement not saying I did it but that there were only 3 people and he didn’t do it.
Asked on January 5, 2016 under Employment Labor Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
With the appeal will come a telephone hearing. During the hearing, you'll have the opportunity to ask questions of any witnesses they may call. If your former employer does not call any witnesses, then you will have a basis for asking that their claim against you be denied for lack of evidence.
If they do bring someone to say it was you, then you may want to admit a copy of the employee handbook or rules of the office. Basically, if there isn't a provision in the "rules" that says you couldn't move the printer, then you were never on notice that it would be infraction which would subject you to termination. You also want to highlight, that but for this incident, you were a good employee who was making your best effort to do a good job. Thus, your overall argument is that your employer was not justified in terminating your for gross misconduct and you should be allowed to receive unemployment.
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