about a month or so ago i posted a question on here about my employment situation and received some good feedback…so i figured id ask again for input
to recap…i had though about using my employee discount and purchasing items from my company…and then reselling them for a profit…i placed craigslist ads to guage interest…I did not include my name, the company name, or any specific products…simply a general question inquiring if anyone was interested in any products in the specific field my company supplied…
i realized before acting on this idea…that it may not be the brightest idea…and never actually purchased anything from the company…that is not disputable as all transactions are done through credit cards and no cash transaction can be completed…there would be no record of me ever purchasing anything and if I had it would be easy to prove
i was brought into an office and questioned about the ads by local law enforcement…they inquired about missing product in the company(which is common…happened before, while, and will continue long after im gone)…I told them i had nothing to hide as ive never stolen anything in my life and said…they questioned about the ad to which i told them what it was about
I was suspened for a week…and then finally terminated over the phone…they told me i was trying to compete against the company or threatning to…I fully understand that is within their rights to terminate
my question is…can this clearly be constituted as wilful misconduct???
i filed for unemployement and had a hearing via the telephone…the hearing seemed way too casual…this hearing was on monday morning and i received a letter today denying me benefits for that reason…i have the right to appeal
what steps should i take in this process…do i even have a chance to win? is it worth it? what recommendations would any of you make??
i feel that since i never actually purchased any product that no transaction took place which i could benefit from…i was with the company for five years and can find nothing in the employee handbook i was given that says anything directly about the use of the employee discount…is appealing even worth it…is there anyway i can prove this is not wilfull misconduct???
my cousin who manages a non chain hotel/resort told me a story about a man who worked in the restaurant at his hotel…the guy was fired by the owner for sniffing cocaine in the kitchen of the restaurant…there were witnesses who confirmed it and this man was still able to collect benefits…i guess maybe theres more to that story…because i have a hard time understanding how someone in that situation could be entitled yet i am not
especially if i was not aware that my job would be in jeopardy because of this
I had a hearing on the phone too, in depth, and it took months for them to make a decision (in my favor). They actually called me back to clarify something later on. You had a hearing on the phone Monday and got a letter today? Sounds like they already knew their decision before the phone call. In fact, the letter was probably already in the mail.
Yes, it’s willful misconduct. You might as well do an appeal; it’s free, plus you probably don’t have much going on without a job these days. But I am [del]surprised[/del] [del]shocked[/del] [del]astounded[/del] flabbergasted that you *still *can’t own how immoral, unethical, and idiotic your actions were. This is the wrong forum to belabor that further, unfortunately.
I have a friend who’s an arbiter for our state’s Division of Employment Security – he’s the undemployment guy. The hearings are far less formal than what you’ll see in a courtroom. On the other hand, he has no problem calling bullshit when he smells it coming from either party, which a judge in a regular courtroom won’t do.
That really doesn’t have anything to do with your situation. Many, many posters in your other thread tried to explain to you in many, many ways that you were stealing from your employer (or at least taking out an ad telling people you would.)
Of course you’re entitled to pursue the appeals process through to the end, and then hire a lawyer and sue your employer. But here’s a hint – if the lawyer wants a retainer fee instead of agreeing to take you on a contingency basis, it means he doesn’t think you have a snowball’s chance in hell.
If you were not aware that your job would be in jeopardy because of your actions, you should be fired for that alone. It demonstrates a glaring lack of common sense, and your actions since then show a deplorable sense of entitlement. If I were your employer I would fight tooth and nail any chance of you getting unemployment compensation.
thats a different debate…and thats fine if you feel the actions were worthy of being codemned to eternity in hell…
im still just just a little suprised that this is a good enough reason to clearly show wilful misconduct to the point of denying unemployment
does the company make take any steps to assure that, anyone who does purchase something, is indeed using it personally or gifting it to a family member?
I did not purchase anything or resell anything…i did not purchase anything, under the premise that it was a gift or for personal use , and then profit for it…nor did i purchase any item at all…thats not disputable
i can go on craigslist and place an ad for a used couch…does that mean i have to sell the couch…or that i even have a couch? nothing was ever purchased
i dont want to sue my employer…i would like employment benefits to hold me over till i find new employment
Telemark…i dont feel entitled to anything…im simply wondering how you can be denied benefits because of something you didnt actually do? is placing an ad in craigslist, for something that isnt technically illegal, now grounds for ending employment and denying benefits??
my name was also never in any of the ads…
i realize everyone just wants to come down on me for doing something stupid…it was stupid…i realize most of you hold yourselves to the highest standards…just try looking at it from my perspective for even a second…
What policy is that? Maybe I missed it because I didn’t read the other thread to its conclusion, but he stated there, and restated here, that the employee handbook doesn’t say anything about how employees may use the employee discount.
On the sniffing coke question, it’s possible that he received benefits because his employer didn’t bother to deny them for whatever reason.
Your employer is obviously more…concerned about paying free money to a degenerate.
I’ve never heard of any place that allowed employees to use their discount for other people, unless it’s laid out in the handbook. It’s like…if you work at a place with fountain drinks, you are allowed to bring your own cup and fill it up as much as you like. However, you can’t fill up other people’s cups, they have to buy the cup and the soda just like other customers. It’s generally well known that employee discounts are for the employees’ private use only.
there is nothing in the handbook about it…and when i told them about the ad they said “well thats not what thats for…its for personal use or family members”…
this isnt a clothing/retail store or anything like that…its a place that supplies parts/accessories to a specific item…while its not vehicles…lets say for the sake of explaining …its cars…if you have a family member who owns a car…you can buy discount parts/accessories for the family member
but they do not monitor the people who actually come in and buy things for their family members…they dont make them walk in there with their uncle having a family tree and id in hand
Yes, personal use. When you sell or attempt to sell the stuff for your own profit, that has moved beyond personal use and gone into commercial use. And that’s why you got canned, and that’s why you won’t win the appeal if they fight it.
The only reason they didn’t press charges against you is because they managed to sniff out your little scheme before you could find someone who wanted to buy a profitable item. Please stop posting. Just stop. *Nobody *here is buying your “poor, poor pitiful me” act. Either you’re being disingenuous, you’re incredibly unintelligent, or you’re a true sociopath. And I don’t care which.
Years ago I worked for a company that fired two successive receptionists. Back then (I don’t know how it works now) you’d let someone go, they would go file for unemployment. The unemployment office would send you a form. You indicated if it was a reduction in force or termination with cause and sent the form back. No response meant it was a reduction in force (no cause).
Both women were fired for the same offense - not showing up, or showing up late. Receptionists need to be at their desk on time. One we filled out the form for and was denied unemployment. The other - the boss was out of the office, it wasn’t a priority when he came back - she got unemployment.
From the company’s standpoint, they caught you before you really shafted them. You took specific, concrete steps to enact your plan. You really need to stop your line of reasoning; it makes you look like a whinny kid who got caught “on the way” to the cookie jar.