Employee theft is a big problem, and it’s natural for employers that catch workers stealing to terminate them. But some of those thieves may still file for unemployment.
Challenge such applications on the basis that the firing offense was punishable as a crime. There’s no need for an actual conviction.
Recent case: Sergio Gonzalez was a bookkeeper for an agency that provided low-income housing. He also purchased appliances on the agency’s behalf.
Gonzalez was fired after being criminally charged with writing an agency check to buy a TV and barbecue grill for his boss. He applied for unemployment, but was denied benefits because he was fired for conduct that constituted a crime. He appealed, arguing that he had to be convicted to lose benefits. The court disagreed. (Gonzalez v. Board of Review, No. A-0008-08T2, Superior Court of New Jersey, Appellate Division, 2010)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/12218/challenge-unemployment-if-firing-offense-was-a-crime "
- Can you pass the constructive discharge test? Beware lawsuits from employees who quit
- What are the rules on letting a former employee see her personnel file?
- The labor law waiting to trip you up--even if you're not unionized!
- What are the rules? I'm afraid we wrongly denied an employee's FMLA leave request
- Overtime lawsuits rising: Don't become the latest target