Fired for stealing - Can I get unemployment?
Around Christmas time our company gives out a Visa Bonus Card. Well I found of these $75 Visa Gift Cards in the desk of one of the employees. I proceeded to a local store and used the card to purchase goods. I then made the mistake of returning the empty Visa Gift to the employees desk, not thinking they would investigate it.
Well they did...the employee tracked where the purchase was made...got a copy of the surveillance tape/photography and went to the police. The police contacted the Human Resource Dept and they made the positive ID that it was me...When they called me into the office my actual Supervisor didn't say a word (anger/embarrassed)...The HR Manager only said " I regret to inform you that we have to terminate your employment effective immediately" and gave me the detectives number to contact. Which I did and confessed.
The HR Manager did not verbally say why I was getting fired...only to contact the detective. The HR Manger also said that they would mention to any other employees why it is I was being terminated.
I think my mistake when filing for unemployment came when a rep called to conduct a phone interview...I told them than the reason i was terminated was for "misuse of company property" (i think this raised a red flag in my case file)... and didn't mention the stealing of the gift card" I think if I had just said that i was laid off...that i would have received the benefits with no questions.
So needless to say i was denied benefits..and i appealed it.
In my appeal letter I just told em an innocent story about how I didn't know what I was fired for...just that i only guessed it was because I would occasionally use the company's computer to check email...which is not something i thought i should have been fired for, seeing that other departments/employees use the internet plus I was never warned that if I used the internet that i would be terminated. My appeal hearing is next week and the paper says that all witnesses must be present at the hearing. Sooo...im assuming that means my former employer too, right? My plan was to stick with my
(misuse of company property) story and hopefully win the decision....but if there is a witness there...then i was just going to plead my case for need of help... what do you think???
Correctly Denied Unemployment Benefits After Being Fired for Stealing
Just in case it's not obvious to any other unreasonable unemployed people reading your account of why you were terminated and denied unemployment, let me be clear, I have little doubt the denial of your unemployment benefits was the correct determination for the Nevada unemployment dept (DETR) to make, in fact, it was likely the only one that could be made .. if your employer initially responded to the notice you filed a claim, to tell the truth about the cause for termination .. and I'm betting they likely did initially respond.
To support my position, that I'm being reasonable about a clear admission you know you stole something.. and then thought you'd ask me if I had any thoughts that might help you obfuscate further, the reason your employer fired you .. if they don't show up at the unemployment hearing being held on your appeal .. with another lie, is stunning to me. Your actions fit well with some of the more horrible sounding words used to describe what work misconduct is, when I, a reasonable person think your actions were of such an egregious nature even I understand why the employer skipped over any progressive discipline policy to gather sufficient evidence to fire an employee for a reason not nearly as clear as being as wrong as you were.
"Well I found of these $75 Visa Gift Cards in the desk of one of the employees. I proceeded to a local store and used the card to purchase goods. I then made the mistake of returning the empty Visa Gift to the employees desk, not thinking they would investigate it."
No .. your mistake was snooping in a desk and then stealing a gift card that did not belong to you in the first place. That is theft of property .. and that's enough for me to tell you I think you ought to withdraw your appeal .. regardless if the employer show for the hearing, or not.