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my original posting disappeared, I have an update

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selectme

Junior Member
What is the name of your state (only U.S. law)? pa

A few days ago I was asking questions as an employer who let an employee go based on phone calls (and suspicion of taking copper from job sites). For some reason my original posting dropped off but I do have an update. We took all the evidence we have received so far (and it was mounting) to him for one last opportunity to explain himself (we didn't tell him we were going to the police but that was our next step) and he confessed. He saw the writing on the wall as far as our evidence and our evidence reached back to a previous employer and he could sense having big problems if the police become involved. He is going to be signing a letter of restitution and admitting what he had done and write our company out a check for an agreed to amount between us and him....Now my question is about unemployement.....we have to return the UC form today and originally we were going to write misconduct and use the cell phone while working issue but now that this has changed and we will have a letter of restitution, would we use that? We really would like to keep the confession out of it because we are not going to the police but we do not want to pay his unemployement. Or since it is Christmas and he has a family and he did confess, and we choose unwillingly to be nice and say lack of work, does that affect his confession in any way? Thanks so much for your help...
 


j991

Member
File the unemployment as lack of work and let the employee know that you will not be providing unemployment benifits because of the situation. Let him know that you gave hime the benifits of the doubt and filed it in the most non-negative form you could. If he insists on filing, or if he files later, you need to update the unemployment and provide all necessary paperwork to support your position. Give him a chance to walk away clean if you want, but be prepared to play hard ball.
 

selectme

Junior Member
File the unemployment as lack of work and let the employee know that you will not be providing unemployment benifits because of the situation. Let him know that you gave hime the benifits of the doubt and filed it in the most non-negative form you could. If he insists on filing, or if he files later, you need to update the unemployment and provide all necessary paperwork to support your position. Give him a chance to walk away clean if you want, but be prepared to play hard ball.
Thanks!! Just to clarify, he already filed and put on the UC form "lack of work" as his reason, I have a deadline as the employer to have this UC form postmarked today and mailed and I have to fill in my reason.....choice of lack of work, voluntary quit, misconduct or other. The reason I did not want to put lack of work is because he would automatically be able to collect.
We were hoping he would to back to unemployement and withdraw his application but we can't make him do that either....
 

Zigner

Senior Member, Non-Attorney
Prior Thread: https://forum.freeadvice.com/hiring-firing-wrongful-termination-5/proof-willful-misconduct-441428.html
 

Zigner

Senior Member, Non-Attorney
Just to be clear:
You feel the guy stole from you and improperly used the cell phone while on the job, right?

The correct choice would be "misconduct". You can always choose not to fight the inevitable appeal to the UI ruling.
 

Zigner

Senior Member, Non-Attorney
File the unemployment as lack of work and let the employee know that you will not be providing unemployment benifits because of the situation. Let him know that you gave hime the benifits of the doubt and filed it in the most non-negative form you could. If he insists on filing, or if he files later, you need to update the unemployment and provide all necessary paperwork to support your position. Give him a chance to walk away clean if you want, but be prepared to play hard ball.
And, that would cause the employer to LOSE. The employer does NOT get to make the ruling regarding the awarding of benefits and the employer doesn't GIVE those benefits. If the employer claims now that there was a lack of work, then the employee WILL get UI benefits. End of story.
 
Just to be clear:
You feel the guy stole from you and improperly used the cell phone while on the job, right?

The correct choice would be "misconduct". You can always choose not to fight the inevitable appeal to the UI ruling.
"MISCONDUCT" is the BEST way...and when it comes to the "APPEAL" process, your company has the right to state your end. He can file an "APPEAL" but remember he knows he got out of the situation "CLEAN" and should walk away from any further "prosecution". Also, in the signed confession you should have added " voluntary resignation"

Good Luck!
 

selectme

Junior Member
what is everyone thoughts on being nice and just letting him collect (I got his family on my mind...not their fault they have the husband and father they have) but I am just concerned that it could be used against us in the future if his signed confession comes into question.
 

Zigner

Senior Member, Non-Attorney
what is everyone thoughts on being nice and just letting him collect (I got his family on my mind...not their fault they have the husband and father they have) but I am just concerned that it could be used against us in the future if his signed confession comes into question.
That is a personal/business decision that YOU must make.
 

selectme

Junior Member
What do the words, collaboration on a fraudulent claim, mean to you?
I see what you are getting at.....but we are in essence paying the bill anyway since it gets charged against us. There is a part of us that just wants to be done with it...we have a confession, resititution and now we will have to take the time and money to go to hearings and the whole things starts up for us again with him. If we go to the hearing only with the phone call usage reason, it is only 50/50 that we would end up paying anyway, with the confession at the hearing, we will have 100% chance of winning, I just can't see him wanting to go through that at a hearing and would hope he would withdraw his application ....I do see what you are saying though about the collaboration on a fraudulent claim....
 

ecmst12

Senior Member
Will it really help you to be paid restitution with YOUR OWN MONEY that you end up paying for his UC claim?

Give the honest reason - misappropriation of company materials. Let them make the call. If it comes to an appeal hearing, you have plenty of evidence to present.
 

selectme

Junior Member
Now he wants to rewrite the restitution letter

Another saga, we emailed to him the letter we would like for him to sign where he states that he took job materials off of our job site, received and kept cash. We also put in there that he agreed he did this during company time and stated that we would accept a certain amount as restitution. Now he wants for us to put in this letter that we will not pursue any further restitution or go to the police . We do not want to do this because if a customer comes back on us in the future or we find out anything additional of major substance we do not want to put that in writing. Any suggestions as to the wording of this restitution letter? Thanks so much!
 

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