Unemployment Appeal

[aj453]

So I fired a guy for sexual harassment. He files for unemployment. I send in the form, but failed to submit the signed handbook form. Anyways, he gets unemployment. I appealed and now we have a hearing. He proceeds to call me saying he was fired because of discrimination and he will pursue this unless I drop my appeal. In my five years I have never had to deal with anything like this not quite sure what to do.
He only worked for me for five months, so the charge against my unemployment account is not much, and If I really had to fight a discrimination charge, I can imagine anything with lawyers will be substantially more.

FYI this discrimination deal is utter bullsh*t. I run about the most political correct kitchen possible

What would you guys do?

 

[UncleNicksPizza]

That is a tough one. I would get all your documentation together regarding your firing him, and include his trying to threaten you to drop the appeal. Then Make it clear to him that if he chooses to go that route, you will file a counter suit for legal fees and punitive damages for time lost due to the issue and use your documentation to prove you we’re within your rights.

But that’s just what I would do, and have no legal experience.

 

[GT1]

It would not be a bad thing to run it by your attorney. The fact that the guy called you and threatened you with that could work in your favor. Put it on record that he made the call so when he pulls it, ppl will already know its BS. It may even help you win the case. I definitely would not want to see someone like that get ANY unemployment just on principle. It’s not really about the small amount it would cost you anymore.

 

[aj453]

I know, originally I was just going to let it slide. However the more I thought about it the more I got worked up.
To make matters worse, he comes in the other day. Order a pizza. Puts about 50 toppings on it just to be complicated, orders two beers and tells my bartender he will tip him next time, all he has got is 100’s. This a 50 year old man doing this. Not some kid

Just going to tell the appeal office exactly the truth, and tell them what I have. See what happens

 

[bodegahwy]

I don’t get the “all he has is $100’s” What is the issue, with that? The answer is “no problem, we have change.”

Also a lesson: If you do not have a written and signed track record of warnings etc, don’t give reasons for firing. Just tell them they are gone because you do not need them any more and suck up the unemployment.

 

[GotRocks]

aj453:

I know, originally I was just going to let it slide. However the more I thought about it the more I got worked up.
To make matters worse, he comes in the other day. Order a pizza. Puts about 50 toppings on it just to be complicated, orders two beers and tells my bartender he will tip him next time, all he has got is 100’s. This a 50 year old man doing this. Not some kid

Just going to tell the appeal office exactly the truth, and tell them what I have. See what happens

He was probably hoping that you would refuse service to him so he could try and get a basis for his discrimination claims.
Something I saw a rather large employer do, was to have an employment contract signed that upon termination (no matter if it was a firing, or voluntary vacating employment) it banned them from being on the property for a period of 90 days. This I am sure, was to prevent disgruntled ex-employees from creating a hostile environment.
it is too late to do that with this particular employee, but you may want to consider that for current and future hires.
Document everything no matter how minor it is, that way when someone gets worse or perpetrates continual unwanted behavior, you have a long list of infractions to back up your claims.

Which brings to mind, his dismissal was for creating “A hostile Work Environment” right? (hint, hint)

 

[Daysleeper]

What is a “political correct kitchen”? Are you hiring the most qualified people or those who make a kitchen politically correct? I hope you are hiring the most qualified people.