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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Beware 'aggravated misconduct' firings--unemployment benefits hang in the balance
- Establish clear record of who made termination decision and why employee had to go
- What happens to accrued PTO leave when an employee separates?
- Same offense, same discipline? Not necessarily