I was denied unemployment benefits-due to termination of job.

[ShondaP72]

What is the name of your state (only U.S. law)? Georiga.

I was terminated from my job because of an altered document now I am bineg denied unemployment benefits. I know for a fact that I was singled out because others has also altered this documentation and was not terminated. What can I do to recieve compesation until I return to work?

 

[Antigone*]

What is the name of your state (only U.S. law)? Georiga.

I was terminated from my job because of an altered document now I am bineg denied unemployment benefits. I know for a fact that I was singled out because others has also altered this documentation and was not terminated. What can I do to recieve compesation until I return to work?

You can appeal the denial, but it does appear you were terminated for cause.

 

[pattytx]

Agree. The employer does not have to treat every employee the same way. Maybe they just decided to make an example of you.

 

[katmo7]

You claim that other similarly situated employees have also altered documents and have done the same thing you were fired for, correct? Have they been disciplined in any way or is this known to the employer that there are others in violation of altering documents? Do you know of anyone who has been disciplined or fired due to altering documents? Most importantly, does your former employer have any specific disciplinary procedures set forth in a policy manual or employee handbook? If your former employer has failed to follow such established procedures, or the policies limit the employer's discretion to terminate it employees, the employee may have a state law cause of action for breach of implied employment contract or wrongful discharge. Despite the "at-will" nature of the employment relationship, an employee handbook may form the basis for an express or implied contract. If there is a disciplinary procedure set forth the employer must demonstrate that affirmative steps were taken for example: Knowledge - Employees have the right to know employer expectations and the consequences of the failure to meet these expectations - ex: Consistency - Employees have the right to consistent and predictable employer responses when a rule is violated. Violations must not be corrected on an ad hoc basis, because the employer will be perceived as arbitrary, unreasonable and discriminatory.

 

[>Charlotte<]

Shonda, katmo7. she's trying to feed you about implied contract exceptions doesn't apply in Georgia.

 

[commentator]

Okay, Shonda...you've filed for unemployment benefits, and you've received an initial denial, right? Based on that you were fired for falsifying an excuse, a company document, something...right?

You've requested an appeal of this decision in a timely manner. You're continuing to certify for weeks of unemployment, right? You will be contacted and given a hearing date. Either by telephone or in person.

Now, you have options. You can ask your local "free legal services" whatever that may be in your area to assist you. You can retain an attorney. Or you can do this yourself. In any case, you will appear at the hearing and present your case.

The only case you actually can have that might work is "Yes, I admit, I did alter this document. I was not aware that this was a firing offense. I was not made aware that this was the company policy. I was not given appropriate warnings, or told that this might lead to my termination. I have seen other people do this, and the company had knowledge that they did this, and they were not terminated. I thought this was a common practice. I did not have a chance to change my behavior and save my job." Of course you will be under oath at this time, and everything you say will be recorded, so do not make any of the above statements if they are not true.

Do not be aggressive or hostile or argue vehemently. This will not impress the adjudicator. Just present the facts, very reasonably. You did not want to lose your job. If you had known this action would lead to the loss of your job, you would have changed your behavior, would never have done it.

Then the employer will have an opportunity to state their case. If they present an employee handbook which you signed when you were first employed in which this act is listed as an offense which may lead to termination, you are probably not going to win.

If they have a series of warnings or progressive disciplinary actions which have been taken against you for this or similar and related work behaviors, you probably will not win.

It's a toss up. Depends a great deal on what was falsified, whether the company had a clear policy, whether they knew the other people's whatever was falsified. This is all only related to unemployment insurance, whether this is going to come down to being a clear cut misconduct reason to terminate. It has nothing to do with anything in any other world other than unemployment insurance, okay? They may consider a lot of things that do not give you reason or grounds for any kind of other legal action against an employer.

The leaning trend in most states is that falsification of work related documentation, such as doctor's excuses for absences, productivity reports, safety checks, etc. are generally considered misconduct, and that's whether you are or are not the only one who got fired for it.

As with speeding tickets, "Everybody else was speeding too," does not get you off the hook.