Unemployment Question? A Bouncy

[CC27]

mackerel (3,923 posts)

Unemployment Question?


I wasn't sure where to post this. An old colleague/friend of mine just contacted me about applying for unemployment. He was recently fired for basically misappropriating funds. He worked for the company for about 8 years. They aren't going to press charges or anything because there wasn't that much money involved. They did tell him that he won't be eligible for COBRA or Unemployment.

I know that in my job capacity over the years I've had to fire two people and both times they qualified for unemployment but they were fired for gross incompetence and not able to do the job. In one case the person just didn't have the experience they claimed they had and literally spent the whole time doing busy work and not actually doing any real work.

I'm not sure on this and wondered if anyone might know more?

There is no friend. You are talking about yourself DUmmie.

http://www.democraticunderground.com/104012602

[Chris_]

An old colleague/friend of mine just contacted me about applying for unemployment.

They did tell him that he won't be eligible for COBRA or Unemployment.

Smartest people on the planet.

[Ralph Wiggum]

Good luck trying for unemployment compensation in that case.  If it is the whole story, which I highly doubt.

And also, I would not count out a good chance of criminal charges. 

[FiddyBeowulf]

mackerel (3,923 posts)

Unemployment Question?


I wasn't sure where to post this. An old colleague/friend of mine just contacted me about applying for unemployment. He was recently fired for basically misappropriating funds. He worked for the company for about 8 years. They aren't going to press charges or anything because there wasn't that much money involved.

Most of the cameras at Walmart are over the cash registers for a reason DUmmie.

[Carl]

Response to mackerel (Original post)

Mon Jan 25, 2016, 02:25 AM

TheMastersNemesis (5,388 posts)
4. Each State Has Its Own Law But Must Follow Federal Guidelines.

I worked for DOL for 24 years.

Any employer in the base period who is liable (wages from that employer are on the claim) usually has the right to challenge a claim. A claimant must be unemployed through no fault of his own. That means usually a lack of work layoff for all employers in the base period where there are multiple employers.

And employer usually has a period of time to challenge a claim by explaining the reason for dismissal. An adjudicator will decide if the issue is such where the claimant loses some or all of his or her claim. It might be helpful to get a copy of the law for your state. Each state has some leeway on how such matters are handled. There are some issues that are not lack of work where a claim would be allowed.

Theft is certainly an issue where a claim would most likely be denied. A bad separation of one employer can wipe out and entire claim where there are multiple employers in the base period.

Being unable to do a job does not necessarily mean a person loses their claim. There can be a number of qualifying reasons a person cannot do a jog. And the case is adjudicated based on the law in the state where the claim was filed. Usually an employer can challenge an approved claim and get a hearing with a UI law judge. And in some cases the employer wins.

Unemployment insurance was set up as part of the Social Security Act. Each state has some leeway in passing its own law within the guidelines set up under the Social Security Act.

To qualify for unemployment insurance a claimant must have enough wages in the base period as determined by law to qualify. The second step is the worker must be unemployed through no fault of his own with each employer he worked for in that period.
The state legislature sets up the rules that determine disqualifying job separations that would cause and unemployment claim to be denied. The unemployment division in that state applies those rules in administering the program.

Like having one leg?

[jb2u11]

If there was ever a group of people familiar with unemployment, the DUmp would be a group to ask. However they will probably still get it wrong.

[fatboy]

Response to mackerel (Original post)

Mon Jan 25, 2016, 01:38 AM

Star Member CaliforniaPeggy (117,904 posts)

1. That's embezzlement, and I don't think he's eligible for unemployment. n/t

For once I believe the cal pig is right.

[Delmar]

Somebody needs to tell the DUmmy to keep his chin up and his nose to the grindstone, everybody hits a rough patch at some time or another.

https://www.washingtonpost.com/news/the-fix/wp/2015/05/14/the-koch-brothers-lost-2-billion-in-one-day-this-week-spoiler-this-will-not-affect-2016/

[fatboy]

The Dude's got a payment plan to pay back a very small amount of money.

Sure   

[DLR Pyro]

He was recently fired for basically misappropriating funds

For those of you in Rio Linda, that means stealing from your employer.

[BattleHymn]

Like having one leg?

He did it.  He really did type jog.   

[I_B_Perky]

There is no friend. You are talking about yourself DUmmie.

http://www.democraticunderground.com/104012602

That is what I think too.  Dummie got caught with his hand in the till and got canned. Now dummie wants unemployment.  I hope the dummie ends up on the street in a gutter froze to death. 

If one was going to be a thief, one better steal lots of money... 7 digit money... so one can get the hell out of dodge and live the good life down in south america. The simple reason for that is one is going to get caught. Might be soon, might be later, might be years later, but one will get caught.  The trick is to steal it and leave before anyone knows the money and you are gone.

Lesson here dummies:  Steal big and vanish. Steal little and go to the gray bar hotel.  Or be a politician and steal legally.

[BattleHymn]

Lesson here dummies:  Steal big and vanish. Steal little and go to the gray bar hotel.  Or be a politician and steal legally.

The problem for most of the DUmmies is that they are broke.  Most of them have never seen or even had so much as four or five dollars in their pocket at one time.  As soon as a cash till pops open, they go nuts and start rolling around in it like Scrooge McDuck.  This leads to their dismissal, as evidenced above. 

[I_B_Perky]

The problem for most of the DUmmies is that they are broke.  Most of them have never seen or even had so much as four or five dollars in their pocket at one time.  As soon as a cash till pops open, they go nuts and start rolling around in it like Scrooge McDuck.  This leads to their dismissal, as evidenced above.

And they will ignore, as is their wont, what is very good advice. And it will invariably lead to the same dead end all dummies find themselves inhabiting. 

[Ptarmigan]

mackerel (3,923 posts)

Unemployment Question?


I wasn't sure where to post this. An old colleague/friend of mine just contacted me about applying for unemployment. He was recently fired for basically misappropriating funds. He worked for the company for about 8 years. They aren't going to press charges or anything because there wasn't that much money involved. They did tell him that he won't be eligible for COBRA or Unemployment.

I know that in my job capacity over the years I've had to fire two people and both times they qualified for unemployment but they were fired for gross incompetence and not able to do the job. In one case the person just didn't have the experience they claimed they had and literally spent the whole time doing busy work and not actually doing any real work.

I'm not sure on this and wondered if anyone might know more?

Misappropriating funds is employment misconduct. That is grounds to have unemployment benefits denied.

Unemployment Insurance: Nine Things That May Stop You From Collecting Benefits
http://www.forbes.com/sites/deborahljacobs/2013/09/03/unemployment-insurance-nine-things-that-may-stop-you-from-collecting-benefits/#ad62613762c7

1. Work-related misconduct. What constitutes misconduct at work may vary from state to state, as does the effect on your benefits (whether it will disqualify you permanently or only for a limited period of time). Theft, embezzlement, violence and other criminal behavior will certainly disqualify you. Depending on the circumstances, insubordination, chronic absenteeism, carelessness, and rules violations may also be misconduct. In some states, the misconduct has to be severe; in others, minor misconduct will disqualify you.