FROM THE CAP FILES: The Case of the Defensive Worker

A local parking garage fired an employee for fighting on the job, citing the company’s zero tolerance for violence in the workplace. However, at a hearing where the employee was represented by an attorney from the Claimant Advocacy Program, it was revealed that the terminated employee did not instigate the fight. The judge ruled that an employee’s use of reasonable force to defend against a physical attack was not a violation of the company’s zero tolerance policy and granted the employee's claim for full unemployment benefits.
The Claimant Advocacy Program (CAP) is a free legal counseling service available to individuals who file unemployment compensation appeals in the District of Columbia. Call 202-974-8150 for more info.

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