Legal Question in Employment Law in Washington

termination and UE

I had an ''incident'' at work. over a week later, a supervisor called me and terminated me for ''horseplay''. In all the years I have worked for this MAJOR company,I have never been disciplined, written up or counseled. I read in RCW 20.04.294(3) that a one time incident in exempt. Can anyone give me information on if I can get UE benefits. I have a perfect employment record and sincerely believe I was terminated for other reasons. the other 2 employees involved also admitted and were video taped horesplaying but neither received ANY discipline at all. the company kept a large bonus I earned. ( I made it one quarter but the check had not been cut yet. It was due within a few weeks (along with 30 hours of vacation time). help?


Asked on 3/18/08, 1:35 pm

2 Answers from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

Re: termination and UE

I'm not sure whether you are looking at an old law book or whether you have a digit wrong in your citation, but there is no RCW 20.04.294(3). In any case, there is no law that says you get one free bite of the apple.

The bad news in that unless the company has a stated policy to the contrary, you may be let go for any reason, even if you are unfairly treated. If the horseplay excuse was pretext for letting you go for any illegal reason, you may have recourse, however. I would need more details. If they let you go in order to try to avoid paying your commission already earned, that would be an illegal reason.

The good news is that if you have already earned the commission, they must pay that to you. Vacation time is another matter and depends on stated or implied contracts they may have with you.

Whether you can draw unemployment depends on whether the incident can be classed as misconduct. I would need more details on that, too.

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Answered on 3/18/08, 3:26 pm
Merry Kogut Key Peninsula Law

Re: termination and UE

You may have a case against the company for unfair termination.

Meanwhile, there's no such thing as RCW 20.04.294.

Apply for unemployment benefits and you'll find out whether you're eligible. You may have to request a hearing if they turn you down at first.

They're also supposed to send you the bonus to which you're entitled. Write them a certified return receipt letter asking for the money.

Good luck

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Answered on 3/18/08, 6:08 pm


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