Employee tries to get fired by trashing his workplace
February 18, 2009 by Fred HosierPosted in: Employees do the strangest things, In this week's e-newsletter, Latest News & Views
A restaurant worker trashed a restaurant in Madison, WI, in hopes of getting fired so he could collect unemployment.
A police complaint says Ravone Jones showed up at the Qdoba restaurant where he worked one night and grabbed himself a beer, according to The Capital Times.
The restaurant manager told him he had to pay for the beer. Jones allegedly became irate and threw a $5 bill at the manager.
Next, Jones went to some young women seated in the restaurant and began talking to them. They asked the manager to get Jones away from them.
The complaint says the manager asked Jones to leave four times.
Then, he allegedly went to the front of the restaurant and started throwing brownies and cookies onto the floor. The complaint says he also went into the kitchen and threw pots, pans and boxes of hot sauce.
A police officer said as he was taking him to jail, Jones remarked that he was trying to get fired from Qdoba.
The officer said when they booked Jones, he said he wanted to collect unemployment, but couldn’t if he quit.
We’re guessing that Jones isn’t going to get unemployment payments.
Tags: fired, quit, unemployment
February 20th, 2009 at 10:46 am
One can collect unemployment in WI for getting fired for cause?
The nanny state marches on.
February 20th, 2009 at 11:10 am
The worker will not get unemployment if the action is considered “gross misconduct”. I had a worker who injured himself on purpose, didn’t get fired and then asked a co-worker, “what do you have to do to get fired around here?” When he did get fired, the co-worker testified and UC was denied.
February 20th, 2009 at 11:12 am
I fired a WI. female employee for retail theft, had her on camera, had a signed confession and she repaid the theft amount so no charges filed. She filed for unemployment was denied appealled and was denied agian, appealled a 3rd time went before a judge advocate and he awarded her unemployment. Still scratching my head on that one.
February 20th, 2009 at 11:15 am
I doubt it. Usually willful misconduct such as this also disqualifies you. It does in PA, and probably does in WI. It would have been better for him just to go in and try to stink at his job enough to get fired without looking like he was intentionally stinking.
February 20th, 2009 at 11:30 am
Wisconsin is a very employee-oriented state. He will probably get his unemployment. We fired a worker for falsifying her time card and had to pay her unemployment. Yes, we’re in WI
February 20th, 2009 at 11:56 am
Know your rules, have your policies set, and be prepared to fire out about anything and everything. I have learned that you have to be very persistent with sending UC letters and facts to get them to issue the right decisions.
Bob, was there more to it? Usually these things can be pretty complex. Did you act as a respondent during the hearing? What was the name of the case, I’d like to read about it.
February 20th, 2009 at 12:37 pm
Man and I though CA was teh most pro employee state in the country…
February 20th, 2009 at 12:55 pm
Hello Ross, yes I did participate in the hearing (it was done by phone by all three parties) I submitted the termination notice/confession signed by employee and the copy of the receipt for repayment of the loss and a statement from our security department stating the facts of the situation. Judge said since I did not see the vidoe footage myself and tht I did not have the security departmnet employee there that my evidence was not admissible. That by the way was a 1st (I had in the past won unemploment case(s) with the the above evidence in MI. the company was a multi-state retailer). X-employee lied and said I forced her to sign the statment (I did tell her if she didn’t repay the missing money i would report it to the police). My experience/opinion as a resident and tax payer in WI. it is a very liberal state and unfriendly to employers. This took place about 6-7 years ago and I no longer work or live in WI. and I only recall the lady’s 1st name (Barb)sorry. thanks for your interest and GOD BLESS.
February 20th, 2009 at 1:06 pm
Got it. Yes, you almost always need firsthand testimony or testimony, even if in a letter. You should have been able to further appeal. At least get it remanded. Secondhand testimony or ‘hearsay’ is not usually accepted.
In PA, the UC Board of Review makes determination on facts. So the facts that would have helped you win there, the second level, would have let you win in court, the next level, unless there is a remand of some sort. We also don’t have just one judge hear it, the whole commonwealth court hears it, and usually they get the call right, although there is usually at least one dissenter.
February 20th, 2009 at 2:42 pm
I’ve worked in HR in Madison for many years. In those cases where we have fired someone “for caus” we have disputed the unemployment claim and won. Then again who knows, if you appeal often enough you probably can find an overly liberal judge.
February 20th, 2009 at 2:44 pm
Just one judge in WI? No wonder, we have whole boards on this after the initial determination and referee’s hearing (the only two determinations issued by just one person).