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Denied UC Benfits for wilful Misconduct????

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bigstick1973

Junior Member
:eek:What is the name of your state (only U.S. law)? I live in Lancaster county PA
I Was denied unemployment Benfits for wilful misconduct. My ex employer has stated that i used the company credit card to buy personal items. and summited a receipt for $10.87 for 2 soft drinks 2 snack cakes and a pack of cigrets. The purches was made by my co worker with the company credit card thats in his name. his name is also on the recipt. I had forgot my wallet in my car that day and asked my co worker to grab me a pack wile in the store he also bought 2 drinks and 2 snack cakes for him and myself. I told him i would put the money in the daily recipt folder when we got back to the shop witch i did. i didnt think this would be a big deal since he had used the card before to buy Us lunch coffee and sometime dinner. Point is i didnt charge anything personaly. Also there were times when i had to use my money to fuel the company truck. and then was repaid by the company.
Is this willfull misconduct? i have filed a appeal and will be going to a hearing on march 4th.
 


cbg

I'm a Northern Girl
It's one thing for the boss to opt to buy lunch for his employees on the company card. It's quite another for you to opt to make personal charges on it.

There isn't a legal definition of what is and is not wilful misconduct but I can see why your employer is calling it that.
 

bigstick1973

Junior Member
I didnt make any purches. The serior employee who held the card made the purches. and had made purches in the past also. All i did was ask him to get me a pack of smokes and id repay the bill when we got back to the shop. witch i did. like i said he had done this in the pasted so i didnt feel like it would be a problem. The senior employee is still working there. Im not. I was hired on a 90 day trial and was fired on day 89. was due a 1.00 per hour raise at that time also.
 

Zigner

Senior Member, Non-Attorney
I didnt make any purches. The serior employee who held the card made the purches. and had made purches in the past also. All i did was ask him to get me a pack of smokes and id repay the bill when we got back to the shop. witch i did. like i said he had done this in the pasted so i didnt feel like it would be a problem. The senior employee is still working there. Im not.
So, what you did is gave permission for somebody else to use the card...I'm SURE that's allowed by the company!

I was hired on a 90 day trial and was fired on day 89. was due a 1.00 per hour raise at that time also.
You would think that one would try not to break ANY rules during a probationary period. Well, *I* would think that.
 

bigstick1973

Junior Member
if a ruel was broken in he past by other employees and not enforced how can they apply to me. Also im so glad i had the autharty of a senior employee of 5 years to be able to tell him what to do.
 

cbg

I'm a Northern Girl
The whole point is that you DIDN'T have the authority to tell him what to do.

And they can hold probationary employees to rules even if they don't hold non-probationary employees to the same rules.
 

ecmst12

Senior Member
Though I think their case for "willful misconduct" is pretty weak. I think you have a decent chance at appeal.

You did a dumb thing and got canned because the company didn't have much invested in you. But you didn't steal from the company and you received no warnings so I don't see how they'd prove "willful". Burden of proof is on them.
 

cbg

I'm a Northern Girl
Please note: If you do prevail on appeal it does not, repeat, NOT mean that the employer was "wrong" to terminate you and it does NOT mean that your termination was illegal. It means that the UI office found that the reason for your termination does not disqualify you for benefits. Period.
 

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