Fired for stealing - Can I get unemployment?

by Eric
(Henderson, Nevada)

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???



Hi Eric,

You know you don't really want to know what I'm thinking .. when someone asks a question with such an obvious answer .. to most people.

However my suggestion is
you may want to read the definition for work misconduct, so you know what your former employer's will likely be able to prove about cause at hearing .. and for any potential discharge in your future.

What you're telling me about why you were fired, is clear to me as being misconduct .. and I suspect, to you as well .. otherwise, why lie about it to the unemployment department.

"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."

Clearly there's a lot you don't know Eric, but to focus on how unemployment insurance works .. right after anyone files for unemployment, all states actually send out a form called a notice of claim filed, to the separating employer for a response to what a claimant said caused their last and most recent separation from a job, because someone applied for unemployment benefits and certified they did so truthfully, under penalties of perjury. When someone is allowed to collect benefits, those benefits become a liability for the employer when benefits are charged to the separating employer .. which is paid via a higher UI tax rate on all current employee wages .. often well into the future, until the bulk of benefits is recouped.

If I had it in me to do what you did, I would also know I should be giving some serious thought to "WITHDRAWING MY APPEAL NOW", instead of potentially compounding problems for myself, should I somehow miraculously, but erroneously still managing to win the appeal .. maybe because the employer couldn't show for the hearing, but still requested a postponement that was denied .. just so they could have a valid argument to get a the hearing decision vacated (set aside) and/or just reopened. To which I would suggest an additional issue be added, such as "misrepresentation of a material fact in an effort to obtain benefits" on the new hearing notice just so you could try to contend with that boneheaded move to.

Nevada actual has the ability to imprison people who intentionally misrepresent facts in an effort to obtain benefits .. for a maximum of 10 years when an overpayment is found to be cause by fraud.

P.S. Being fired for misuse, or unauthorized removal of company property .. can also be proven to be misconduct enough .. if an employer can prove that burden at a hearing.

Chris

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I did it also
by: Anonymous

I stole from my company out of retaliation for them not hiring me full-time then got caught. I felt really humiliated "busted".....fearful that I was going to jail.I was fearful that my wife was going to find out on top of all that. I returned the merchandise in perfect condition but I was still fearful that my wife would find out and that my whole world would fall apart. I'm not going to pursue trying to collect unemployment I'm just hoping and praying to God that it will go away.
I learned a VERY valuable lesson and am still "haunted" by it. I KNEW BETTER !!!!! GOD IS MERCIFUL BUT......DO NOT STEAL EVEN A PENCIL FROM ANYONE....ANYWHERE. SIGNED HUMILIATED

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You stole
by: Anonymous

Yo mention one of your mistakes was returning the card. Seems you still want to live off other peoples work. Your mistake was stealing in the first place. Now you want unemployment benefits for a situation that you created. You probably were a poor employee also (usually poor employees are more likely to steal). Go back out to the world, stand up like a real person, be honorable, trustworthy, hard working, and productive. Expect those around you to be the same and expect people to treat you well. Dont be a thief. Dont suck the teets of other peoples hard work.

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What I think
by: Anonymous

I think you should not steal. I also think you should not do further dumb stuff, like commit unemployment fraud.

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