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Evidence of misconduct AFTER the employee is fired

by Rosela
(Deming, NM, USA)

Evidence of misconduct AFTER the employee is fired


A friend of mine was fired from her job at a real estate agency after three years of employment. The employer claimed she heard rumors of my friends gossip outside of the office and fired my friend for “poor attitude”. My friend was granted her unemployment but the employer is now appealing that decision. The issue is my friend was embezzling money from this company and admitted too it after she was fired. My friend went to her superior and told her superior what had been going on. My friend was not fired for embezzlement so my questions is, Can employer appeal the initial decision based on facts that are learned after the employee has already been terminated from his/her position?




Interesting question.

I'd be more concerned about criminal charges if I were your friend.

The reason she was terminated is a bad reason for the employer to fire her and the fact that she admitted to embezzlement after the termination should be objected to as irrelevant for the reason for discharge.

But, of course if she has to do any jailtime .. and she is able to retain her benefits after the hearing is held .. she would be disqualified for not being able and available for work.

She should also object to submission of any signed statement admitting her wrongdoing as irrelevant to the reason for termination.

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Jul 22, 2011
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Do i still get benifits even tho i had to reschedule my hearing?
by: tbd

I was scheduled to a hearing because my employer filed it. I was nt able to attend the hearing due a job interview i had to go to. so i was excused. but i received a rehearring date in the mail but i certified still but i didnt get my benefits, why?


Hi,


Could I have the name of the state please, so I can at least try to find some rules of procedures which might explain?

As far as I know, benefits cannot be suspended just because there is a pending appeal hearing requested by the employer. There should have to be a hearing decision reversing to stop the benefits.

Although many states are stopping benefits for weeks at a time for a "claim dept. review of benefits", that is most often caused by the unemployed person raising eligibility questions themselves when they fill out a continuing claim questionnaire .. or someone used the "report fraud" button located on many state sites. Some states even allow the report to be "anonymous".

Imagine that.

Jan 06, 2011
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Wow!
by: Amy

If your story is accurate you are here because you have an embezzler friend who was wrongly fired for having a poor attitude toward his victim. Am I on track so far? Again Wow!

Ok I'm out someone else please explain....

Thanx



Hi,

You may be right on as far as her friends attitude being poor toward the employer, and I understand the Wow!

But as far as I can tell, you had to assume some things as fact to reach your conclusion. Words like rumor, innuendo, gossip, conjure up the word hearsay for me.

And point of fact is that the question did not ask or go into details about the reason for discharge.

The question had a legitimate point about an employer learning of wrongdoing after a discharge for something completely unrelated to the reason for discharge.

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