• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Recent Terminated Employee Seeks Unemployment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

unhollow

Junior Member
What is the name of your state?MN
Hi,
The company I work for just fired an employee who had worked for about 6 years. There were many reasons to do so (sleeping on the job, intoxicated at work, late all the time, and poor attitute) although the last one wouldn't constitute termination, the others might. The reason none of these got her fired in the past was, boss was soft on her, extremely soft. (He ignored the intoxication thing). She was cheating on her hours, which is why she is gone. They busted her in the act one time and canned her. Now she wants unemployment and the hearing is later this month. She claims that the computer we enter hours on always crashed and screwed up her hours. It never has done this with me. She is lying to her lawyer and everyone. I was witness to her cheating on hours more than once.
Does she have a case? Will my employer have to pay her unemployment benefits? they referenced McGowan v. Executive Express Transp. Enters., Inc.
Thank You in Advance
 


cbg

I'm a Northern Girl
That's really a question none of us can answer. It depends on a number of different factors, including who the adjudicator considers more creditable.
 

Beth3

Senior Member
Agreed. Much also depends on whether the company has documentation of her behavior, whether any disciplinary action was issued, and/or whether the employer brings witnesses who witnessed the misconduct to provide testimony.

Even if she ends up receiving UC benefits, it's a small price to pay to be rid of an employee like this. I can tell you that I have prevailed at UC hearings when someone was terminated for a single incident of falsifying their time card - it's no different than stealing and that clearly meets the definition of willful misconduct as defined in UC reg's.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top