Misconduct MC 390 - Fact Finding Guide

Relations with Co-Workers and Customers

A. Relations With Coworkers

1. Altercation or Assault
   1. When did the altercation occur?
   2. Where did the altercation occur?
   3. With whom was the claimant involved in the altercation?
   4. What preceded or caused the altercation?
   5. Who started the altercation?<
   6. If an argument preceded the altercation, who started the argument?
   7. Who witnessed the altercation? If there is any conflict in evidence, talk to the witnesses, if possible.
   8. Did the employer conduct an investigation about the altercation?
   9. What were the findings of this investigation?
2. Abusive or Profane Language
   1. What exactly did the claimant say which the employer or the coworker objected to?
   2. To whom was the language addressed?
   3. Where was the language used?
   4. Was the language overheard by others?
   5. What preceded the use of the language in question?
   6. Was the language alleged to have been used by the claimant commonplace in the establishment? Was it unusual?
   7. How did the other employees react to the language?
   8. Did the employer have any rule relative to the use of abusive or profane language?
   9. Had the claimant ever received any warnings or reprimands about the use of such language?
3. Annoyance of Coworkers
   1. Specifically what did the claimant do that annoyed his or her coworkers?
   2. When did these incidents take place?
   3. Where did these incidents take place?
   4. What is the claimant's explanation of his or her conduct?
   5. Had the claimant been warned or reprimanded about his or her conduct?
   6. Was there an employer rule which prohibited the type of conduct which the claimant did and which annoyed the coworkers?
   7. If there was such a rule, was the rule known to the claimant?
4. "Not Getting Along" With Coworkers
   1. In what ways was the claimant not getting along with coworkers?
   2. Did the coworkers dislike the claimant for personal reasons?
   3. Was the claimant discharged solely because he or she was not getting along with coworkers?

      NOTE: If the claimant was discharged for some other reasons, resolve the separation issue according to the actual reason for discharge.

5. Debts to Coworkers
   1. Was the claimant discharged solely because he or she did not repay debts to coworkers?
   2. If not, why was the claimant discharged?

      NOTE: If the claimant was discharged for some other reasons, resolve the issue according to the actual reason for discharge.

6. Uncooperative Attitude
   1. In what way did the claimant fail to cooperate?
   2. What reason did the claimant give for his or her failure to cooperate?
   3. Did the claimant have the ability or knowledge to assist the coworker?
   4. How did the employer learn of the claimant's failure to cooperate?
   5. Were the claimant's duties clearly and specifically defined?
   6. Was the claimant forbidden by collective bargaining agreements from doing other tasks?
   7. Had the claimant ever been warned or reprimanded about his or her uncooperative attitude?
   8. What occasioned these warnings or reprimands? When were they given?

B. Relations With Patrons and the Public

1. To whom was the claimant discourteous?
2. Did the customer file a complaint with the employer?
3. What was the gist of the complaint?
4. Were there witnesses to the incident? Ask to speak with witnesses if there were any.
5. Are there affidavits or other written statements from the complaining customer or member of the public? If yes, ask the employer for copies.
6. If the discharge occurred as the result of reports filed by "shoppers" working for the employer, ask the employer for copies of the shoppers' reports.
7. Did the claimant overreact to the customer's action or statements?
8. Had the claimant ever before been discourteous to a customer?
9. If so, when did these prior discourtesies occur?
10. Had the claimant been warned or reprimanded about discourtesy to customers?