Nevada Unemployment Eligibility

[ronb2nd]

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

Ok I was fired from my job they say for misconduct. First there is no signed employee handbook stating any rules what so ever. Also this was not willful misconduct. I used a company credit card and purchased something they are saying was for personal use. I purchase a lot of things on a daily basis. I always separate my personal item from my work items and pay separate. This time I forgot my coupon for 10% off in the car and due to my busy nature forgot to separate the item out from the rest. Got in the car and noticed that I forgot so I did not upload the receipt as usual so I would remember to tell them about it right away. I forgot and they are trying to say I stole from them. I have done this in the past and I simply pay for the item and no harm no foul. I did not steal now I have filed unemployment and I have a telephone interview today. I need this money and I know they are trying to say this so I could not receive benefits they do this to eveyr employee I know becasue I am in management and seen them fight every case that has came there way. Please help

 

[Proserpina]

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

Ok I was fired from my job they say for misconduct. First there is no signed employee handbook stating any rules what so ever. Also this was not willful misconduct. I used a company credit card and purchased something they are saying was for personal use. I purchase a lot of things on a daily basis. I always separate my personal item from my work items and pay separate. This time I forgot my coupon for 10% off in the car and due to my busy nature forgot to separate the item out from the rest. Got in the car and noticed that I forgot so I did not upload the receipt as usual so I would remember to tell them about it right away. I forgot and they are trying to say I stole from them. I have done this in the past and I simply pay for the item and no harm no foul. I did not steal now I have filed unemployment and I have a telephone interview today. I need this money and I know they are trying to say this so I could not receive benefits they do this to eveyr employee I know becasue I am in management and seen them fight every case that has came there way. Please help

Tell the truth. That's really all you can do.

 

[ronb2nd]

Tell the truth. That's really all you can do.

I understand that and will do that. What I need to know is do I have a good chance of receiving benefits or not?

 

[Eekamouse]

In my opinion, it sounds like you're making up excuses for buying things for yourself on the company credit card. First you say you forgot your 10% off coupon in the car (not sure how that is even relevant). Then you say you forgot to separate your personal purchase out from your company purchases. Then you say you didn't upload your receipt so you'd be reminded about your purchase. Then you forgot to tell them about your purchase when you did turn in your receipt. To me, this looks like a bunch of excuses instead of a valid and reasonable explanation. Good luck floating it by EDD.

 

[eerelations]

Posting history folks!

OP, given that we're just a bunch of big rotten liars, why are you posting here again?

 

[commentator]

I suspect that by the time I get on here, the ship may have sailed, you may already have had your telephone interview. But I strongly suspect this is a "fact finding", not a hearing, as you have not yet received an initial decision denying your claim, have you? The adjudicator is trying to get information before making the first decision about whether to approve benefits or not.

After this happens, you will receive a notice either approving or denying benefits. If you are approved, the employer can appeal the decision and ask for a hearing. If you are denied, you will appeal the decision and ask for a hearing. Either way, there will be a hearing at which both you and the employer or their representative will present evidence. Don't be testy about them having the gall to protest you receiving benefits. They fully have the right to be doing this, and whether or not you receive benefits will affect their finances, so they always do this.

But what I strongly suggest is this. When you speak, explain how it has been customary for you to buy your items and separate them, as you described to us. Explain how you have done this in the past. Explain that (if this is the case) you have not ever been warned or threatened that doing this would result in your termination.

That they do not have a company handbook is irrelevant. Forget about that.

Then you'll have to explain this convoluted situation about how you went outside to get your 10% off coupon, and somehow forgot to separate out this merchandise and show it for your own personal use. Be plain, concise, and brief in your description of what happened. The more you talk with a story like this, the worse it will sound for you, the less believable.

I'm wondering about the part where "in the past when this has happened I've just paid for it out of my pocket." Okay, is this something that has happened frequently? If so, had the employer expressed dissatisfaction, ever given you any warning about it? If so, bad for your side. I suspect the adjudicator will ask about this in great detail.

They had the legal right to fire you. In order to keep you from receiving benefits, they will have to show that this was one of two things. It was either Gross Misconduct, something so blatantly wrong that you should have known it was wrong even one time, and they were justified to fire you as soon as they discovered it. Or that it was progressive misconduct, that you had done this before, OR that it was in the rule book, and you knew that if you did it again, it might reasonably lead to your termination, yet you chose to do it again.

Your contention, of course is that it was an honest mistake, that you completely forgot, that you had no expectation that you would be terminated for doing it, because you did not realize you had done it, and that you were very happy to reimburse the company for your honest mistake. Lose all the attitude about how they're "doing" this to you, protesting your claim. Because if you stole from my company, I'd want to fire you and not pay for your unemployment too.

You must overcome this perception that you deliberately stole, must be believable in the assertion that this was a genuine honest mistake by a professional person who was attempting to do a good job. Your whole termination, in fact, is a genuine misunderstanding. From years of experience listening to people lie, I promise, the more huffy you are and the more you complain about the employer having the temerity to actually fire you, the less believable you will sound.

How good are your chances? Well, maybe 50/50, depending on quite a few things they'll be asking you about today. And as I said, you can certainly appeal this decision if this is not your second hearing, which I think it isn't. Be sure that if denied you keep making your certifications for benefits until the hearing. Then if you win in the hearing, you'd be back paid for the money.

 

[commentator]

Just checked the ol' posting history. Please revise my guess on chances of approval from 50/50 to 20/80.

 

[Proserpina]

Yeap - and here's perhaps the key post:

I was wrongfully terminated because they are trying to say that i purchased items for personnel use with company funds. I make a lot of purchases from home depot and i always put my personnel items aside and pay for them myself. Well this one time i was at self check out and forgot my 10% off coupon in the truck. The self check out lady continued to ring up Items and included the 1 bottle if leather cleaner a soda and a candy bar on the purchase. Being a project manager and having two seperate projects going at once i was in a hurry and gave to cashier my coupon not thinking of items took bags to proceed to project that was in progress. When i got to project i noticed items were on receipt and did not expense it to remind myself to inform them of purchase and return product and pay them for the soda and candy bar. Two weeks goes by and by boss cones to me yelling at me saying what the f is this... I simply forgot to inform them so he writes me up and says if i ever do it again he will fire me. Ok so again at home depot around the same time maybe a few days later. I was going to purchase a bottle of leather cleaner and did not have the funds with me so at the self check out the lady included it in the purchase and i told her to please take the cleaner off because out had to be separate from purchase. Then i decided i did not want it due to having no funds. She did not remove product from receipt. So i know how it looks but this is the truth. Any way i was wrote up on the 4th of Feb four the firstincident i never did out again after that the incident they fired me for was on the 28th of sayer being before the first write up i was terminated on the 11th of February so i never did it again as instructed the incident they fired mefor was before first write up. Please excuse my Grammer as i am using a cell phone to respond

This is obviously not the first time he's tried this.

 

[Zigner]

The OP seems to have a problem understanding what belongs to him and what belongs to his employer.

 

[Eekamouse]

This is an employee that should never be left unsupervised or put in a position of trust.

 

[swalsh411]

If this practice of how he used the credit card was a regular thing, and he simply made a mistake with some paperwork, that is not misconduct.

 

[cbg]

And if he has been mixing his personal and business items for some time and covering it up, only this time he got caught, then it is.

 

[Proserpina]

And if he has been mixing his personal and business items for some time and covering it up, only this time he got caught, then it is.

Yeap. And on paper, the employer is in "the right".

 

[Ohiogal]

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

Ok I was fired from my job they say for misconduct. First there is no signed employee handbook stating any rules what so ever. Also this was not willful misconduct. I used a company credit card and purchased something they are saying was for personal use. I purchase a lot of things on a daily basis. I always separate my personal item from my work items and pay separate. This time I forgot my coupon for 10% off in the car and due to my busy nature forgot to separate the item out from the rest. Got in the car and noticed that I forgot so I did not upload the receipt as usual so I would remember to tell them about it right away. I forgot and they are trying to say I stole from them. I have done this in the past and I simply pay for the item and no harm no foul. I did not steal now I have filed unemployment and I have a telephone interview today. I need this money and I know they are trying to say this so I could not receive benefits they do this to eveyr employee I know becasue I am in management and seen them fight every case that has came there way. Please help

Actually that is theft from the company. Regardless of whether you pay it back or not. It is theft.

 

[LdiJ]

Actually that is theft from the company. Regardless of whether you pay it back or not. It is theft.

I completely and totally disagree with that statement.

Whether or not use of a company credit card is theft is decided based on the facts of a particular situation. If someone was to make an online purchase using a company credit card (for example) and then turn around and immediately write their employer a check for the amount of the purchase in no way would that be theft.
They could be fired for doing so, but they could not sucessfully be criminally charged for doing so.