EMPLOYEE ARRESTED AT WORKPLACE FOR THEIFT/UNEMPLOYMENT BENNIFTS
vtoliver
5 Posts
Our company has had major inventory shortages. We hired an investgator. He involved some undercover officers to do some buy's. They had enough evidence on our Installation/Warehouse Manager & our Purchasing/Inventory Control girl to come in an arrest them. They are charging them with a 4th class felony. Now he is going to be eligable for Unemployment. I couldn't beleive it becuase that is defintly Misconduct during work. Of course I'm going to appeal this. He even admitted to this. I sent them a copy of the newspaper article and gave them phone numbers for the Detectvie & Investgator. He was not really terminated because he was handcuffed and was taken away. When he got out of jail he called for his final check & wanted to know if he was going to receive his vacation pay. Of course we said no. Now would you say he quit or did we let him go? Was I suppose to tell him he still had his job and give him a warning in writing!! I don't think so.... I really don't want to spend more money by hiring an attoney to appeal this. Some of our employees are so upset that our gov. would allow this! And that their tax dollors are being used for this. What should we do to stop this?????
Comments
Follow the appeal system.
My $0.02 worth.
DJ The Balloonman
Nothing ventured nothing gained.
>a letter to the employee's home advising them that they were
>terminated for cause. Also, we paid, on advice of attorney, any earned
>vacation and sick days that were due. Also, we appealed unemployment
>and the ee never collected.
When you appealed did you have to go before a judge & if so,did you take anyone with you? I have done this a few times & usually won. This time the ee has an attorny. In the past I've never had to get an attorny involved.
>However, the initial forms for unemployment are handled by ADP. If we
>feel we need representation at a hearing, ADP would send a
>representative. This happens very rarely.
We have used ADP for our payroll for years..........I didn't realize they also had this service
THX
>09:17 AM (CST)[/font]
>
>We have minor thefts about four times a year where the police are not
>involved. A major situation where the person is led out practically
>in handcuffs happens about once a year. In either case, we term for
>theft, a major offense in our policy. Maybe it's because we have on
>site investigators, cameras, etc., and really have our ducks in a row,
>but we've never paid unemployment on this. I don't think it's ever
>even been awarded so we have to appeal.
I was shocked when I had a voice mail from DES saying they had spoken with the ee and he had told them what he had done. They were wanting to know if I had any evidence and how was it handled. I tried on many occasions to talk to the DES person but she would not call me back, so I did appeal it in writing again. So now they say he is eligible due to employer has not provided evidence to support allegaion of misappropriated company funds or property. I sent them a newspaper article, Letters from Deputy County Attorney showing we were the victim. And gave them phone numbers for the arresting Detective & the investagator's number. I'm sure they never called them.
In the unlikely event he is ruled eligible and is concurrently serving time for conviction, he will be cut off due to his non-availability for work. There are 50 sets of Unemployment Insurance laws and regulations though.
Yes, it's incredible.
What they do is disqualify the claimant for a period of time. If you stole $20, you might be disqualified for 4 weeks; if you stole $50, maybe 6 weeks. If the claimant is disqualified for even one week, the award is not charged to the employer's account. So, in effect, what they are doing is giving the claimant benefits, but at the expense of all taxpayers instead of just the employer.
The key is, employers don't appeal partial awards, for two reasons. First, most employers figure it's no expense to them, so why exert the energy and expense of appealing. Second, it's fairly well-established here that if you appeal a decision that was not going to cost your account to begin with (out of principle), you are going to get hammered.
>
>Yes, it's incredible.
>
>What they do is disqualify the claimant for a period of time. If you
>stole $20, you might be disqualified for 4 weeks; if you stole $50,
>maybe 6 weeks. If the claimant is disqualified for even one week, the
>award is not charged to the employer's account. So, in effect, what
>they are doing is giving the claimant benefits, but at the expense of
>all taxpayers instead of just the employer.
>
>The key is, employers don't appeal partial awards, for two reasons.
>First, most employers figure it's no expense to them, so why exert the
>energy and expense of appealing. Second, it's fairly well-established
>here that if you appeal a decision that was not going to cost your
>account to begin with (out of principle), you are going to get
>hammered.
THX for the info: Arizona is a right to work state and I don't know what our laws are on this.
I'm in AZ, and as I said above, we've never had a DES problem with theft. It seems to me with using an investigator you've taken all precautions, and lined up the ducks. Good luck.