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Unemployment if Fired

Discussion in 'Unemployment Insurance & Benefits' started by Clyde, Apr 2, 2021.

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  1. Clyde

    Clyde Law Topic Starter New Member

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    Jurisdiction:
    Minnesota
    I have worked seasonally full time as a tax preparer for 10+ years, no complaints. This year for the first time I had a customer complaint saying I was rude (explaining why their adult daughter hadn't received Covid stimulus and how they would need to refile dependence). My manager was supportive at the time. 3 weeks later, a coworker told our manager they had heard me get into a shouting match with a client. Blatantly untrue, repeat client left happy and communicated intent to return next year - Some explanation was needed about retirement funds withdrawals and Covid but nothing adversarial or argumentative. Yet my manager and office owner are letting me go on the word and characterization of me by this coworker that I am not approachable. Will I be eligible for Unemployment? On the MN Unemployment service website it says "Applicants who are discharged because of employment misconduct are not eligible" Is that my situation even if this all comes down to a disputed exchange "witnessed" by an uninvolved coworker?
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    Apply for the unemployment and simply state your reason for applying is that you were terminated by your employer. The state makes the decision on whether to pay the unemployment, not the employer. The employer may contest your application for the benefits, and you'd get a chance to respond, and then the state makes it's decision. If that decision goes against you, you'll be able to appeal that. The rules tend to favor the employee when the employer discharges the employee; the employer has to show clear misconduct on the part of the employee. It may be that your former employer won't even contest your application for benefits. In any event, there is nothing to lose by applying and you may end up getting approved. No one here will be able to tell you if you are likely to get approved since we've not heard what the employer would say if it chooses to contest the application and what evidence it would offer to support it.
     
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  3. Clyde

    Clyde Law Topic Starter New Member

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    Fair enough, and makes sense, thank you.
     
  4. army judge

    army judge Super Moderator

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    This Minnesota attorney explains, elaborates, and elucidates those who wish to understand what is meant by:

    ("Applicants who are discharged because of employment misconduct are not eligible" Is that my situation even if this all comes down to a disputed exchange "witnessed" by an uninvolved coworker?)



    Author Note: The State of Minnesota WILL ultimately decide if an applicant gets the "moola", or not!



    What Misconduct Makes an Employee Ineligible for Unemployment Benefits? | Attorney Aaron Hall
     
  5. adjusterjack

    adjusterjack Super Moderator

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    On the chance that you might have to appeal an adverse decision I suggest you study up on how Minnesota courts define misconduct.

    Google Scholar

    You should also read the statute that defines misconduct. It's 268.095 Subdivision 6:

    Sec. 268.095 MN Statutes
     

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