Falsification Of Work Related Documents

I pulled from my 401k for hardship and he said I falsified paperwork that she clearly did check and because I didn’t tell her I was renting from my parents. I’m filing a appeal. What do I ask? And what do I tell the judge? My parents will write me letter telling the judge its correct. I never been written up or warning of misconduct behavior, nothing and I been with them for 5 years what do I do.

Hi,
I don’t know what to say to you about your plan, except this: If your parents are willing to write you a letter that would clear up what caused you to be terminated for falsifying employer documents .. I think it would be much better if you could also have your parents as witnesses for your hearing and directly testify to the document/letter they write for you. For a document to come to life, so to speak, it need “direct” testimony, preferably from the person that created the document, or signed a written statement.

Direct testimony is what actually adds the weight of credibility to a document, or at the very least, testimony can prevent the opposing party from making a valid objection as to why a document or letter shouldn’t be allowed into the record of the hearing.

The basis of that objection would usually be because the objecting party wouldn’t also be afforded the right to cross examine your parents (witnesses), in regard to what they wrote in the “written statement”.

This is why a written statement in lieu of direct testimony from a direct witness with first hand knowledge about a document .. sometimes can’t save the day.

Chris

I too was unlawfully terminated with a falsafacation of documents….when I was called back, they asked me where all the money was, I was litteraly shocked! I then was told I was free to go, denied unemployment, and am appealing.
I was on a coaching at the time as well…..workers beware with walmart.

I was there 4 years with no issues til now.

I was terminated for misconduct with coachings. It said i falsified documents to avoid fifth hr. On a d day. I worked there just shy of 20 yrs. One write up years ago for being late. The woman who took over my store and my immed. assistant are best of friends with ex husband and girlfriend. In one yr. I new I was headed out. Received write ups for doing nothing different than I had in yrs and what everyone else had been doing but I got in trouble. I was told it was not gross misconduct because it was within two minutes and I was a rehire. I said that I did my adjustment to the best of my memory on what time I clocked out. Then they appealed ui benefits. During hearing they stated i actually went 1.5 hrs later and only took a half hr. I won and got benefits. Im totally worried they are going to appeal again. They even brought witnesses to state I admitted to doing it. The fact they lied blew me away. The sad part is I’m not sure if they lied to me on my exit or the ALJ. Can they appeal again? If they can figure out another way to attack? At what point will this end? Im scared if they do ever win I will have to pay it all back. I feel wrongfully terminated to begin with. Just want it all over.

They can appeal .. if they want to, but it’s like I tell claimants all the time.

Get it right at the first hearing .. because a board appeal doesn’t mean a do over ..

A board appeal points out points of law that show the hearing officer erred when making their decision.

I know it’s nearly futile to tell people to relax, but one thing you might do is notice that deadline they have to appeal by and check with the state a bit after it to see if they have received anything further.

It might help to keep the anxiety .. short lived.

Chris

Do I still receive the back payment from the date I applied or no?

If you’re found eligible you should receive the benefits you would have been entitled up until you go back to work.

I’v been out of work for a while now. An really need to go back to work. I jsut received my CNA Cert.. Now if I go back to work do I lose the money from unemployment? Or will I still get paid my money how does that work?

Rachel,

If you go back to work you cannot collect unemployment unless you can only find part-time work. In that case, depending upon the amount of money you are making each week, you may be able to still collect partial unemployment.

Is there such a thing as a Motion of Discovery in unemployment appeals? Is there any way for me to find out what documents he could have or what his proof is? Does he not have to show the Unemployment office the documents?

Hi Rachel,

There’s a TV legal term for you. And as far as unemployment hearings go .. A claimant lawyer may actually use an unemployment hearing as a form of discovery. I’m not a lawyer, but I’ve always assumed information exposed at a UI hearing probably helps with subpoenas and things to dig for in depositions. Or it’s like a free opportunity to depose employer witnesses.

Florida sends the documents in the case file with the hearing notice.

You’d think that documents would be required of the employer at the time of protest, but believe me, in most states this is not the case. I think there’s something wrong when a person has been denied benefits without documentation .. considering the statutes are suppose to be liberally construed in favor of a claimant and the burden of proof for a discharge is with the employer. There is only a handful of states that require “complete information” at the claim level and surprisingly .. in these states employers are much more conscientious about getting documents in when they should be sent in. It actually cuts down on hearings.

When you receive the hearing packet you’ll know what he’s submitted as proof, but be aware, that he will still be able to present documents after the receipt of the hearing notice. He must provide them to the hearing officer and you .. prior to the hearing. You may also do the same.

Rachel, you need to read about Florida Unemployment appeals on the Florida website.

Florida Unemployment Appeal

For anyone else reading this. Not all states forward the documents submitted by either you or the employer to the appeal office. In some states everything must be resubmitted for the hearing.

In other states, you have to request the state file.

My point is if you or the employer appeals .. you now need to familiarize yourself with the unemployment appeal process. The unemployment appeal process, like everything else, can vary from state to state.

I was told to take the week off due to man power cut backs and then return to work and no one would answer the phone when I called. The computer I used couldn’t access the internet, only the site that was used for work. My computer wouldn’t let you change the time.. I’m not sure how it went from Facebook to Falsification of Work Related documents. That’s what i’m trying to figure out. My mother was employed with the same company. She was also told to take the week off and return on Monday because the owner said he didn’t trust her.. That was on Monday 3/15/2009.. I was contacted by my Supervisor on 3/18/2009 telling me not to come back into work until the following week. My mother was processing a lawsuit against the company during the time for not paying overtime wages he told her to take off for the week, then told me the same. I then got a call from T.N Smart at unemployment and she said I was fired for misuse of computers and not listening Ect. Then the letter came that said Falsifaction of Documents. BUt I didn’t work with documents that I could make up. Today he contacted my through a third party said he would drop the dispute if I don’t talk to Attn General of M.O. because they are filing a suit against him for fraudulent Business practices. If I agree not to talk to them an he drops the dispute (Im Broke) How does that process work.. What will he have to do? Is it done online??

Hi Rachel,

File an appeal, use your Mother as a witness. You sue him too.

My guess, he won’t show up at the hearing. Sounds like he’s in big trouble and guess what, the same fraud statutes that apply to UI claimants apply to employers. Not to mention some other laws he breaking.