Can I collect unemployment for being fired for using profanity?

I got assaulted by a drunk customer and i pushed her away from me and called her a crazy bitch and to get away from me. They fired me for this reason, and they even have evidence where she attacked me and i even had a witness. can I file for unemployment?


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Most Helpful Girl

  • Sue your employer. They cannot fire you for defending yourself or getting angry when you are in severe trauma and danger / crises.

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Most Helpful Guy

  • File the claim and appeal if necessary. If you were assaulted, why didn't you file a police report? It would have really helped with any potential claim of wrongful discharge or negligence against your now former employer, and protected you and the employer from any potential claim from the customer. It would have also made the employer's evidence more accessible to you. And keep your witness information close and up to date. You may need them.

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    • they pulled me to the back and talked to me and told me to go home, the lady had left the store. i didn't get fired til 2 days later.

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    • you were really nice and helpful, thank you! you get MHO

    • Thank you for MHO and good luck with your case!

What Girls Said 4

  • You should file and see if they try to prevent you from drawing it.

    If they do, then you have rights to appeal. Details vary by state I'm pretty sure.

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  • I would ask someone who work there.

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  • I think you may have been wrongfully terminated and may have a lawsuit. If I could collect money for every time I swore I'd own my own Island by now lol.

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  • I would file & see what happens.

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What Guys Said 11

  • To collect unemployment, you typically need to have lost your job "through no fault of your own." People who are laid off are likely to receive unemployment because they left due to restructuring rather than personal performance.

    People who are fired are less likely to receive unemployment because they left due to issues with their personal performance. However, if a fired employee can argue that their firing was unfounded or unrelated to performance, he may be eligible for unemployment.

    If you are unsure whether or not you qualify for unemployment, check with your state unemployment office.

    Original source: jobsearch.about.com/.../fired-laid-off.htm

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  • I'm pretty sure you can, for 6 months.

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  • Certainly you should file. It is totally reasonable to push someone who is assaulting you. No jury would deny you unemployment for correctly labeling a 'crazy bitch.' Be prepared to end up in court for a decision.

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    • I agree he should file for it but tbh the 'crazy bitch' seems a bit unnecessary, even if completely true and warranted. (not blaming the guy, i'm sure I'd have done the same, jist what I think a court could say)

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    • @Klokateer agreed! thanks for the advice!

    • I would first someone for doing what he did if I ran a place. That woman may be friends with customers who weren't there and spread rumours, stop being an idiot. If she knows that we dealt with her well while drunk ro her friends with her commend us for it, it's very good business.

  • Well the fact you were harassed might help you win your case, but here's the thing, whenever you are working with the public, no matter how much the other person is in the wrong, you NEVER use profanity or say anything offensive at all.

    I worked at Comcast and had my fair share of crazy customers but not once did I ever lip off or say anything back to a customer. That would only have gotten me fired quicker than I actually did. It looks unprofessional too. Not that I'm justifying what that women did to you.

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    • I'm on unemployment right now and it sucks. Only reason I'm getting by is because I saved a lot of money before I got off. The thing is, when you're unemployed, you must save as much money as you can because you never know when you'll get hired and you can go through your savings quick. I've been unemployed for 3 months and still haven't gotten a job despite having many interviews.

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    • that is so fucking unfair to you! wow! that shouldn't even be legal... and right now im living off my tax money until i find work i haven't heard anything about my unemployment yet but im about to apply for Lowes since they are hiring i guess :/

    • ha, i get asked if own lowe's as that's my last name

  • If this is UK then I think you can't claim dole until you're 25. Might be wrong, i've only been told that, never really checked

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    • Im American

    • ah then I know fuck all of use. sorry
      maybe there's some sort of wrongful termination thing? I mean they technically had a legit reason if you swore but it's not as if it came from nowhere. At the very least it might be worth asking them for an employer reference or something (if you were a decent worker) so being fired doesn't look so bad for other job interviews

  • Yes, if you were fired you can collect unemployment.
    If you quit on your own you can't

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  • Don't call a crazy bitch a crazy bitch, tell her that she's a very intelligent woman and smile. This will pacify her and make her want to hump you instead of fighting you as the drunk mind only does one or the other.

    At this point, you must get your colleagues to get her out and smirk as you have tricked everyone to fight each other and you have come out squeaky clean.

    Welcome to the real world, being aggressive wins nothing.

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    • ain't that the truth. its bullshit

    • you are confused, I am telling you that you were wrong and need to learn how to deal with drunk people.

  • Why aren't u talking to a lawyer

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  • Well shouldn't have used profanity then buddy

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  • Never mind filing unemployment, file a lawsuit.

    And welfare is for trash, just get another job.

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  • Yeah you have the right you shouldn't be fired in that situation

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