> Noob question.
Noobs welcome. That's how newsgroups stay alive. Visit early and often. Just keep in mind that new posts only get put up on the board every couple of days or so, when the moderator gets around to it.
> I was fired from a job 4 1/2 year ago for Gross Misconduct. That was
> during a period of depression, and way too much booze, leaving a story
> in my head that doesn't work now that I'm lucid and moving forward
> again.
I'm glad to hear you're getting it together again and doing well now. Good for you, keep it up.
> Gross Misconduct is commiting a crime on company property I
> understand.
Um, not necessarily. Google "gross misconduct" and you'll find a variety of definitions of the term.
From the Business Dictionary at http://www.businessdictionary.com/definition/gross-misconduct.html -
"gross misconduct" is "Indiscipline so serious (such as stealing, or work place violence) that it justifies the instant dismissal of an employee, even on the first occurrence."
Note that in this source, stealing or violence are given as _examples_, not requirements, for a "gross misconduct" finding by your employer leading to your termination. Your _employer_ (and, possibly, your union contract or other employment contract, if you have one) determines what conduct he believes is so "gross" as to be a fireable offense even on the first time you do it. Generally, though, with the rule in most US states being the so-called "employment at will" doctrine, in the absence of a specific contract the employer can fire you at _any_ time, for _any_ reason - he doesn't have to characterize it as "gross" or otherwise (unless your contract specifically requires him to so justify the grounds for your firing).
From Wikipedia at http://en.wikipedia.org/wiki/Misconduct -
* "Misconduct" is where something is seen as unacceptable but is not a criminal offence e.g. being late.
* "Gross misconduct" is where you can be dismissed straight away because it is serious enough and possibly criminal e.g. stealing or sexual harassment
Misconduct refers to an action, rather than neglecting to take action, or inaction which could be referred to as poor performance.[citation needed]
[edit] Examples of Gross Misconduct
* Being drunk on duty
* Illegal drug use at work
* Fighting
* Harassing people
* Stealing
* Subjecting people to racial abuse
* Cursing/Swearing at the officials in sports
* Cutting school (Truancy)"
Note again that many of the examples given in the Wiki (such as, racial abuse/epithets, swearing at officials) may not be a _crime_ but is certainly so frowned upon by social/etiquette rules that they may be considered fireable offenses by your employer.
> Would a lawyer be able to go and find out exactly what crime I was
> accused of,
Can't you just ask for, and get, a copy of your personnel file from your former employer? Or simpler yet, just _ask_ their Human Resources department to tell you what the grounds were for your termination?
> and if I actually did it?
Do you mean, (A) you _know_ what you were _accused_ of, but want to see if a lawyer could examine the evidence pro and con to give you _his_ after-the-fact opinion whether a sufficient case was made out to meet the state's burden of proof to convict you of some crime, _or_ the employer's (lesser) burden of proof to show "gross misconduct"? Sure, a lawyer could do that, but WHY would you pay someone to do that? It's probably _way_ too late to actually _change_ the outcome (i.e. to raise a court challenge to your firing), so, unless this past event is somehow creating difficulties in your _current_ life situation or job, why not let sleeping dogs lie? But, it's your money, if you want to spend it on that.
Or, do you mean, (B) you don't even have any recollection of what _type_ of thing you did, what behavior of yours allegedly constituted "gross misconduct" so as to get you fired? Now, _that's_ scary. Were you so drunk you didn't even remember what happened when you "came to" afterwards? Did nobody even _tell_ you what you allegedly did? I suppose there _may_ be some record of what you actually did, but, unless you pursued some kind of grievance procedure _back_then_ and _forced_ your employer to thoroughly document your file, chances are you wouldn't learn much by going back and digging, unless you really want your lawyer to spend a HUGE amount of time and money to find actual, live witnesses to what you allegedly did, and interview them. Anyway, that's my two cents worth.
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal matter.
For confidential professional advice, consult your own lawyer in a private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
