Checking sports scores at work can lead to conflict. When the conflict turns into a termination, employees have an opportunity to fight back. To see the case I referred to during Episode 006 of the Podcast, consider looking at Court of Appeals A10-146.
Tag: Discharge
Employment discharge refers to the termination of an employee’s position, either voluntarily or involuntarily, by the employer. This tag covers key topics such as the reasons for discharge, legal considerations, wrongful termination, severance packages, and employees’ rights upon being discharged. Whether you’re an employer managing terminations or an employee navigating the discharge process, explore expert insights and guidance on how to handle employment discharge fairly and legally.
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Social Media at Work Got Me Fired
Social media access on your work computer is a no-no because very little good can become of it. For employees doing research after getting reprimanded or discharged, looking backward is the name of the game.
On the other hand, if you are doing research to see if it is permissible or not, I am in favor of avoiding this conflict altogether. In fact, avoid all log-in websites. This includes:
- Web browsers (Bing and Chrome accounts),
- Third-party e-mail,
- Facebook,
- E-vites,
- Personal bank accounts,
- Fantasy sports,
- Newspapers, and
- Anything else.
Why? Because what good will it do and why can’t you use your personal cell phone away from your workspace? Nonetheless, let’s examine what an employee might expect when being fired for online issues.
Unemployment and Fired for Social Media Usage
Being fired for internet issues and seeking unemployment benefits is an unexplored area of law. For the purposes of this section of my post, I will focus on using social media while working versus getting fired for words or expressions made using a social account. In general, there are a handful of quality arguments in favor of acquiring unemployment benefits:
- Usage was permitted,
- Other employees are doing the same,
- Time used was limited or rare,
- The employer failed at offering a warning,
- Accessing an account was inadvertent, and
- There was a good faith error.
There are many other reasons and each situation will be different. Even better, positive results are achievable.
Evidence for Unemployment Cases Involving Social Media
When somebody contacts me about getting fired due to a social media issue, I like the idea of requesting a specific reason for the termination or discharge by using Minnesota statute 181.933.
Also, I like the idea of seeking a copy of one’s personnel file and the employer’s expressed policy on internet usage.
Fired for Nonwork Activities
For the camp of folks who get reprimanded or lose their job because of a social media post, again, this is a very new area of the law. As a result, there isn’t necessarily a legal precedent workers and employees can turn to for support.
That said, I foresee people having an easier time with a case when a post is socially acceptable, unrelated to an occupational requirement, and avoids a conflict of interest or loyalty owed to an employer. Again though, this type of situation is going to be different for every person and employer.
Social Media and Final Thoughts
Social media is a wonderful tool, but it can cause problems too. Because I am seeing more and more of these types of situations, the lines are less blurry than years past. But if given the chance, err on the side of being cautious.
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Employment Misconduct in Minnesota Means Just About Anything
Employment misconduct is a phrase used with unemployment benefits in Minnesota. As you will see, it can mean just about anything. As a result, how events are described is a critical takeaway for applicants to consider.
In my experience, workers, employees, managers and executives focus way to much energy on why they didn’t do anything wrong versus what they did right. Focusing on what an applicant or employee did right is sometimes a very strong strategy when trying to win an appeal for benefits.
Because misconduct in an employment setting is a phrase used by people who do not understand it, I prefer to focus on what isn’t employment misconduct.
Even more importantly, there are 10 things that are not employment misconduct. In other words, if a person in MN gets fired or discharged because their actions can be defined as so, then very likely, that same person is on the right track for benefits.
Unfortunately, there are thousands of cases (or a legal precedent) that define this list of 10. Knowing this list is important. Knowing how Minnesota further defines this list is even more important.
None the less, I want to introduce these ten things because they can help inspire a successful appeal for unemployment benefits.
Employment Misconduct – The List of 10
Here are the 10 things, in no particular order, that are not considered employment misconduct:
- Medical or Mental health Issues
- Inadvertence
- Unsatisfactory Conduct
- Reasonableness
- Inability
- Good Faith
- Absence because of an Illness
- Absence because of a Family Member
- Chemical Dependency
- Domestic Abuse
Fired Because of Medical issues
Generally, a person who is fired from their job because their work was impacted by a medical or mental health issue can become eligible for unemployment benefits.
Of course, every medical and mental health issue is not treated the same. For this reason, this issue usually requires a nexus between the health issue and the event(s) that led up to the employee’s termination.
Also, a lot of applicants incorrectly identify this issue and end up disqualifying themselves because their future work is impacted by a medical issue too. Again, this is a complicated term.
Inadvertence is Not Employment Misconduct
The term inadvertence means something different to nearly every employer. In my experience, the priority of expectations will usually be the number one contributing factor to a challenge due to inadvertence.
As you might expect, an argument in favor of inadvertence isn’t the strongest approach, but it can work because the law supports it.
Employment Misconduct in MN doesn’t include Unsatisfactory Work
A lot of folks think work satisfaction is production based. In other words, if I produce something and my employer doesn’t like it, I must have produced unsatisfactory work.
Wrong. Unsatisfactory work has nothing to do with production and everything to do with expectations. This means a worker, employee, executive or whomever needs to identify an expectation and prove how it was exceeded.
Unfortunately, a lot of applicants become frustrated when their employers lie about expectations. For this reason, finding tangible evidence can become increasingly important.
Acted Reasonable is Not Employment Misconduct
I cringe when folks talk to me about reasonableness because they usually have no idea that acting reasonable requires specific examples of past interactions or supporting a specific thought process.
Saying an event was reasonable usually doesn’t stick until the event is compared to past events or past experiences with other staff, customers, or situations.
Nonetheless, showing why an action was done in a reasonable manner can have a very powerful outcome for folks appealing their unemployment benefits.
Inability is Not Employment Misconduct
Like I mentioned above, the term employment misconduct is defined by thousands of court cases. In my experience, inability can mean a number of things: lack of skill, lack of training, lack of understanding and work overload.
Sometimes, applicants confuse inability with indifference or a lack of attention. Nonetheless, this is one of the ten ways a person can prove why they should be eligible for benefits in Minnesota.
Getting Fired When Acting in Good Faith
Good faith and reasonableness have a lot in common. If worker can outline a specific process and back it up with experience, expertise, knowledge or valid communications, then this issue becomes less complicated.
On the other hand, acting in good faith while using poor judgment can create problems for applicants appealing their unemployment claim.
Is Being Absent from Work, Employment Misconduct?
The difference between being absent from work and abandoning one’s job is huge. As you might expect, employers need to keep their business running. When they cannot depend on a person or a person does not show up for work, employers are often left with little choice.
But, just because an employer doesn’t have a choice, doesn’t mean a worker is automatically ineligible for unemployment.
Instead, when employees can prove bad luck, acts of God or an event that the employee did not have control over, then folks have a promising case.
But, communication is key. Calling into work and sharing bad news, bad luck, etc. always looks good. Certainly, I have seen plenty of people who have had such bad luck, they didn’t have access to a phone or cell phone. Yes, even in modern times, people are unable to reach a phone.
Fired for Drugs or Alcohol
The employment misconduct rules in Minnesota are very supportive of folks with drug and alcohol issues. Where drugs and alcohol turn into a problem for ineligible is when a worker is required to drive or use heavy equipment. Again though, there are many legal theories around this too.
Domestic Abuse is Not Employment Misconduct
A long, long, time ago, I had a Client who was discharged because they were injured from a domestic abuse situation. What made their case troublesome was the fact they were unwilling to talk about it openly and they were afraid to seek help from the police.
In my experience, this is more often the rule than the exception. Sometimes, workers can use the medical and mental health issue referenced above to assist their cause without risking their own safety. Other times, this isn’t possible.
For those needing help with this issue or any issue listed above, I like the idea of making sure a person is comfortable with the process before proceeding.
Appealing Employment Misconduct
Yes, seeking an appeal is worth the effort. If you are appealing unemployment benefits after being told in a letter that the unemployment office thinks your actions were employment misconduct, please contact me directly.
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Quit or Discharge: Unemployment Tip #005
Quit or discharge is a confusing question. In fact, it isn’t even a question. Instead, it is a legal issue often addressed by an unemployment law judge.
Sometimes, workers and employees are confused whether they quit their job or were fired. Applicants should never argue they do not know whether they quit or were terminated. Instead, find the unemployment law that best supports eligibility.
Unemployment Tip # 005 – When the reason a job ended is an issue, Applicants should never argue that they do not know. Instead, find the unemployment law that best supports eligibility.”
Before selecting quit or discharge, know that every question is a trick question. Really though, employees seeking unemployment benefits can take their case under control by knowing which element of rule 268.095 applies to them and why.
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Unemployment in Minnesota after Calling in Sick and getting Fired
Calling in sick and loosing your job is a horribly stressful. The unemployment process in Minnesota is forgiving when workers call in sick and lose their job.
However, the process in proving why you are eligible for benefits can be one problem after another.
Calling in Sick: Unemployment Rules
Employees calling in sick are generally fired for one of three reasons:
- They have too many absences,
- The absence is “unexcused” or
- The worker is told they didn’t follow procedure.
When I meet with workers, I encourage workers to take a different strategy. Instead, start looking at the rules that will help you win an unemployment case.
One of the many rules used in Minnesota is a rule called 268.095. The unemployment process defines the process of making a mistake “employment misconduct”.
Thus, I think the first step in proving a called in sick case is knowing about the employment misconduct rule.
Calling in Sick: Should You Quit?
Rarely do I encourage workers to quit their job after calling in sick. Believe it or not, some employers will make a worker feel like quitting is the only option. As you might expect, I disagree.
Calling in sick generally means a one time or one shift or one day occurrence. I do not view this process as a long-term perpetual disease or medical problem. I view more impactful medical conditions differently because different laws generally apply.
Yes, there are unemployment laws in Minnesota that can support workers with a medical condition. Unfortunately, Minnesota also has rules to make a person ineligible for benefits because they have a medical condition too.
In practice, a person trying to protect their unemployment benefits should know why and how the rules will impact their application for benefits.
Calling in Sick: Unemployment Cases in Minnesota
I wish it wasn’t so, but every worker experiences something a little different because everybody has a different boss and most workers have:
- Different employee handbooks,
- Previous storylines,
- Co-workers treated differently than themselves.
So, before you start researching different cases supporting or denying benefits for being sick, be proactive by proving why you are right.
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My First Move After Getting Fired
What to do after getting fired or laid off? First, you are not alone. Second, whether you are injured, laid off, an executive, hourly worker, or terminated for employment misconduct, every worker and former employee should consider the same path when taking the next step.
Thus, consider this a game plan if you are asking what to do after getting fired or terminated from your job.
First Step: what to do after getting fired
The first thing to do after getting fired is request a copy of their personnel file.
Provided a person follows the guidelines under Minnesota statute 181.961, there shouldn’t be many complications.
What is your personnel file?
Your personnel file is any document connected to you and your job. This includes applications, resume submissions, wage versification, W-2 forms, benefit information, correction plans, retirement benefits, non-compete agreements, etc.
What should a request for your employment file look like?
A request for your employment file should be in writing. No, this does mean you can e-mail your request. According to the rule, the request must be in writing.
Next, a worker or employee recently fired or terminated should ask for:
(1) All wages, bonuses, prizes, awards, and commissions owed,
(2) A complete copy of your personnel file,
(3) The truthful reason your job ended,
(4) The return of all personal property,
(5) Copies of any specific document or book relevant to your discharge, and
(6) Ask your former employer to forward this information to an address you find appropriate.
Wait, I know why my job ended
Yes, a worker might know the reason why they were fired or terminated. None the less, it is important to ask again and in writing because your right to information about an involuntary termination may end within 15 working days from the date your job ended.
Also, obtaining written documentation from your former employer may help you with an appeal for unemployment benefits.
For more information on the notice of termination requirements, consider reviewing Minnesota statute 181.933.
Second Step: what to do after getting fired
Before starting on the second step, make sure you review what to do after getting fired above.
None the less, the second thing to do after getting fired is to write down any details you recall specific to your job ending. For example, outlining conversations with co-workers, bosses, human resources or describing a sequence of events.
Third Step: what to do after getting fired
The third thing to do after getting fired is to consider whether you are going to apply for unemployment benefits. Prevent yourself from filing for unemployment on the day or week you were fired.
Yes, you need time to reduce emotion and negative sentiment. As you can guess, this is normal. Also, you want time to think through the sequence of events that led to your termination and make sure you are prepared to questions that will help you get unemployment versus prevent you from getting unemployment.
Fourth Step: what to do after getting fired
The fourth thing to do after getting fired is to consider whether you need to take necessary steps to file a claim or claims with the Department of Labor, EEOC, Minnesota Department of Human Services, Minnesota Department of Labor, Minnesota Department of Human Rights, or a related agency.
Need more help?
If you need more help, consider contacting this law office for advisement. I wish you the very best.
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Getting Fired for checking Sports Scores at Work
Were you fired for checking sports scores at work? As an alternative, were you given a formal warning for checking sports scores at work? If so, please read on.
Primarily, there are two times during the year that workers tend to get fired for checking sports scores at work, although certainly not exclusive.
This law office sees workers are getting into trouble when checking their fantasy football scores. Also, this law office sees workers are getting into trouble when checking scores during March Madness.
Can you get fired for checking sports scores at work?
Obviously, workers are getting fired for checking sports scores at work – but is this legal? Unfortunately, it depends on the situation. During a consultation, this law office will review whether you were checking scores on your phone or on the company’s web site.
Also, this law office reviews the policies in place for technology at your workplace. Just because your employer doesn’t have a formal policy doesn’t imply you have been given permission for checking sports scores at work.
The most significant issue is where you work. In other words, the rules applicable to your situation depends on the State where your place of employment is domiciled.
Minnesota’s opinion on checking sports scores at work:
Minnesota Court of Appeals decision A10-146 affirmed that an employee’s use of a cell phone was employee misconduct. The Applicant argued that his cell-phone use was not misconduct because of the special considerations given to discharges resulting from a single incident.
Although Minn. Stat. § 268.095, subd. 6(a) (2008), stated that misconduct did not include “a single incident that does not have a significant adverse impact on the employer,” since 2009 and applicable here, the statute provides: “If the conduct for which realtor [Applicant] was discharged involved only a single incident, that is an important fact that must be considered in deciding whether the conduct rises to the level of employment misconduct under paragraph (a).” Id., subd. 6(d) (Supp. 2009).
The Applicant testified that he occasionally checked sports scores on his cell phone for other employees and the video indicates that the Applicant used his cell phone on multiple occasions over a lengthy time.
Because the Applicant’s cell phone use was in knowing violation of the employer’s policy, the Minnesota Court of Appeals conclude that the Unemployment Law Judge did not err in determining that the Applicant was discharged for misconduct.
