by Patricia
(Michigan)
An employee – who resigned and admitted she resigned in her original unemployment app – then stated under oath in an appeal hearing that she was fired. She did not win the appeal.
Isn’t that perjury? Is there any consequence?
What happens if someone lies under oath – and is caught doing it – in an unemployment hearing?
I seriously doubt there will be any consequence, other than possibly an overpayment collected per the fraud recovery provision for MI if it was an employer appeal.
If UI departments actively pursued those that just changed a story and lost .. they’d be very busy and would probably run out of jail cells quickly.
And, in case I need to remind you I’m not being biased towards anyone willing to lie under oath .. I’m just being pragmatic about the thing none of us can change about another person .. thd nature of the beast and any willingness to be less than decent or honest.
My experience is that it’s not only claimants that think it’s okay to perjure themselves.
The typical consequence for a dishonest claimant, results in an overpayment with special rules about recovery if benefits were paid via intentional fraud, such as when misrepresenting material fact in an effort to obtain benefits.
Changing a story at a hearing actually reduces credibility when you can’t explain why .. There are instances when a quit is in fact a discharge and this is open to interpretation by the hearing officer to determine who actually moved first.
However .. back to the perjury issue, if you’ll please notice .. Fraud findings also apply to employers and claimants alike.