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Fired for misconduct in New York City

by ana
(NYC, NY)

Got fired and was denied my unemployment benefits.

I got fired first and foremost not only because the owner of the company I worked for had intentions on doing (this was informed to me buy my manage 2 month prior) but because I failed to register a soap that I sold to a 'secret shopper'. That's right! The 'secret shopper' tried to confuse me. So when he went to give me his money for the one soap he gave me double for two soaps. So I rang up the one soap but took $$ for both soaps I added the total amount of one soap gave him his change and placed both soaps in a bag and went to the next customer on line and that was that. Now mind you it was during the holidays and rush hour and this is in NYC.
I've been with the company for almost 3yrs. I admit I fail to ring up the other soap but I did not pocket the money! The store has cameras and they can check (but unfortunately I was told they are not working after the fact) and also register is not only rung by myself, everyone that works there uses the register so no personal id or code for each worker and I did not close that register out. My shift was done at 5 and we close at 9. So I don't know what the register came out to..if anything it should of been $10 over tht's how much the soap was for.
They did not give me a verbal nor a written warning which by the way never had a written warning, just let go over the phone and on my day off!


Ana,

Appeal Ana. Subpoena the video that should have been there. Go to hearing and see if the employer can prove the misconduct through testimony and documentation. Secret Shopper's are rarely available for unemployment hearings.

Let me ask you a question. How did the secret shopper identify you as the cashier if there were plenty of other people using it? You have nothing to lose since you've already been denied unemployment. The worst that can happen is the employer sustains their burden of proof and you still don't get unemployment.


Go to NY's website and find the list of attorneys and lay reps that will represent claimants if you don't feel like you are able to do it on your own.

You want to show it was a one time mistake that did not rise to the level of misconduct, not willful, intentional or knowing misconduct.

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receiving benefits
by: Anonymous

would i be able to get unemployment benefits even tho i have written warnings?




Well, depending on what you were fired for .. I'd say having no written warnings is a good thing when it comes to which way the determination will go.

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Part 2
by: Anonymous

Thank you very much for your advice.
Yes I have appeal and I have a court hearing this coming tues. Gee NY Insurance Appeal Board doesn't really give you enough time, got notice this past Wed. Now I'm going threw a list of attorneys that they gave me. Left messages, lets see who calls.
If I don't find someone to assist me (would of been nice)I have no problem in going on my own. I'm confident enough to face this. I know I did not do nothing wrong.
On the question you asked, yes the register was being used by other people not just I alone.
Once again thank you!


Your entirely welcome.

You are definitely right about the short notice NY gives for hearings. Statute only requires the notice be mailed within seven days of the hearing date.

But something to be aware of is that New York also has a three strike rule. This basically means either party can request a postponement two time and they will dismiss without prejudice so the party can then request the matter be reopened.

Because employers are aware of this it is not uncommon for a claimant to go to the hearing and find the employer didn't show up. They win and think they get the benefits only to receive another Notice of Hearing. This can happen three times.....so be sure to attend every hearing that is scheduled.

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