Gross misconduct from unapproved absences from former employment?

[gyngone]

I hope someone could help me. I am so devastating now. I worked as a researcher in a university and the employer didn't pay me for overtime even though I was non exempt. I left due to stress and because after I reported they switched me to work out of my research roles such as cleaning storage room and carry heavy objects, and because I couldn't continue to work in illegal condition, and they sent me FMLA paper to fill and told me to submit doctor's document within 15 days. I then asked to extend because due to my health condition I cannot fly back now (my doctor is out of state) and my doctor's schedule was fully booked. They then replied the date to submit FMLA is to be determined by my doctor not them. Then after 15 days they emailed me that my FMLA was denied because they didn't receive doctor's document within 15 days. Then they fired me for leaving work without unapproved absence. I filed for unemployment benefit and they said I was fired because of gross misconduct. My question is will the label of misconduct affect my chance for residency matches and applying for board license and applying to work in hospitals in the future? Thank you for your time reading my post, I'm hopeless now.

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[DrStephenStrange]

Are you for real? You were fired. People get fired all the time. This is not a legal matter. You don’t even need to disclose this to future employers if you don’t want to especially residency. This is not even something I would imagine would show on a background check. What is the concern?

 

[gyngone]

Thank you so much for your response, because I was labeled as "gross misconduct" so I'm just afraid and I don't know if residency matches application, licensing board application, or even hospitals application ask for this employment history background check or ask if I was fired before, or the reason for the fire due to misconduct (then I will have to disclose due to gross misconduct), do you know if these applications ask for that? Thank you and I hope to hearing back from you.

 

[mistafab]

Thank you so much for your response, because I was labeled as "gross misconduct" so I'm just afraid and I don't know if residency matches application, licensing board application, or even hospitals application ask for this employment history background check or ask if I was fired before, or the reason for the fire due to misconduct (then I will have to disclose due to gross misconduct), do you know if these applications ask for that? Thank you and I hope to hearing back from you.

This is not a clinical position. You were not in charge of patient care or involved in patient care. As far as MD practice is concerned, this is like being fired from gamestop.

 

[LucidSplash]

No issues with residency match in the future. But I am surprised that you were surprised about the outcome here.

 

[DrStephenStrange]

Thank you so much for your response, because I was labeled as "gross misconduct" so I'm just afraid and I don't know if residency matches application, licensing board application, or even hospitals application ask for this employment history background check or ask if I was fired before, or the reason for the fire due to misconduct (then I will have to disclose due to gross misconduct), do you know if these applications ask for that? Thank you and I hope to hearing back from you.

The gross misconduct was a label placed because you stopped showing for work when you didn’t have FMLA paperwork signed and approved yet. This is a company label just so they could justify firing you which is fair. It stops there and doesn’t go any further than that.

 

[anon2]

Just go talk to an employment lawyer stat. They will be able to give you a free consult and advise you of your rights.

Don't sign anything until you have received legal advice.

 

[Smurfette]

I hope someone could help me. I am so devastating now. I worked as a researcher in a university and the employer didn't pay me for overtime even though I was non exempt. I left due to stress and because after I reported they switched me to work out of my research roles such as cleaning storage room and carry heavy objects, and because I couldn't continue to work in illegal condition, and they sent me FMLA paper to fill and told me to submit doctor's document within 15 days. I then asked to extend because due to my health condition I cannot fly back now (my doctor is out of state) and my doctor's schedule was fully booked. They then replied the date to submit FMLA is to be determined by my doctor not them. Then after 15 days they emailed me that my FMLA was denied because they didn't receive doctor's document within 15 days. Then they fired me for leaving work without unapproved absence. I filed for unemployment benefit and they said I was fired because of gross misconduct. My question is will the label of misconduct affect my chance for residency matches and applying for board license and applying to work in hospitals in the future? Thank you for your time reading my post, I'm hopeless now.

What is your current situation? Are you a current med student or a pre-med?

If you were doing some research, then you *may* be asked about this experience in an interview at some point. You'll need to have a reasonable response to any inquiries about it without being untruthful. The longer the time between this research job and needing to explain yourself in an interview, the less likely it is to cause concern.

Also, you were fired for legitimate reasons. If this devastates you, there is nothing to do other than learn from it.

 

[gyngone]

Thank you, I contacted the Senate and UI reversed it back to voluntarily quit again. So now I have higher chance to win for UI because I have good cause to leave (unpaid overtime even though I was non-exempt), do you think its worth to continue to fight? I will donate all money to charity anyway.

 

[LucidSplash]

Thank you, I contacted the Senate and UI reversed it back to voluntarily quit again. So now I have higher chance to win for UI because I have good cause to leave (unpaid overtime even though I was non-exempt), do you think its worth to continue to fight? I will donate all money to charity anyway.

Win what? You don’t get unemployment for voluntary quitting either unless you show good cause and I don’t think any of the reasons listed will qualify. Did a supervisor make your job contingent on unpaid overtime and instruct you to fill out your timesheet in a way that was erroneous or less than truthful?

 

[gyngone]

Win what? You don’t get unemployment for voluntary quitting either unless you show good cause and I don’t think any of the reasons listed will qualify. Did a supervisor make your job contingent on unpaid overtime and instruct you to fill out your timesheet in a way that was erroneous or less than truthful?

Yes, the employer said they don't pay for overtime here and that I should only record 8 hours on the timesheet, even though I was non-exempt. I was required to work very late regularly until midnight, and other times as late as 4 AM—which caused my health to deteriorate quickly. A supervisor even emailed me, referring to this lab as a "black company" (a term used in Japan for companies that exploit workers to deaths and suicides) and that this japanese-origin boss exhausts and demoralizes everyone. If you can imagine having meeting with the boss at 10 PM on Sunday. This is at johns hopkins school of medicine. I saw a case similar to mine that was able to win the UI with voluntarily quit for good cause. I mainly do this for justice, not really for $$, though if I win the money I will put all for charity.

 

[LucidSplash]

Yes, the employer said they don't pay for overtime here and that I should only record 8 hours on the timesheet, even though I was non-exempt. I was required to work very late regularly until midnight, and other times as late as 4 AM—which caused my health to deteriorate quickly. A supervisor even emailed me, referring to this lab as a "black company" (a term used in Japan for companies that exploit workers to deaths and suicides) and that this japanese-origin boss exhausts and demoralizes everyone. If you can imagine having meeting with the boss at 10 PM on Sunday. This is at johns hopkins school of medicine. I saw a case similar to mine that was able to win the UI with voluntarily quit for good cause. I mainly do this for justice, not really for $$, though if I win the money I will put all for charity.

You’re gonna need the money to pay the legal fees.

 

[Kierkegaard's Bud]

This is not a clinical position. You were not in charge of patient care or involved in patient care. As far as MD practice is concerned, this is like being fired from gamestop.

Hey those rats were patients…to someone.

 

[gyngone]

You’re gonna need the money to pay the legal fees.

I found some contingency lawyers, but the case I mentioned didn’t have a lawyer and still won the UI. So, I’ll try to recover as much money as I can for charity (without a lawyer), though I’m weighing the time and energy costs involved.

 

[Buzz Me]

I found some contingency lawyers, but the case I mentioned didn’t have a lawyer and still won the UI. So, I’ll try to recover as much money as I can for charity (without a lawyer), though I’m weighing the time and energy costs involved.

Are you currently a pre-med or med student?

 

[anon2]

You’re gonna need the money to pay the legal fees.

Contingency fees for employment lawyers are generally in the 20-40% range, legal fees and charitable donations are both tax deductible.

Note that OP's hypothetically recovered back pay is pay for actual work done, so there's no moral reason to say it's a windfall - it's restitution for previous wage theft.

Are you currently a pre-med or med student?

A fanfic writer.

 

[Robin-jay]

No one in the future will care unless you bring it up.