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Unemployment Claim being denied- Georgia

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  • Unemployment Claim being denied- Georgia

    I was fired from a company after 4 years of devoted service. A week before my firing I was pulled into the office and asked if I had been on this certain website or tried to use the company credit card, I answered no as I had not done any of these things. I have access to the company credit card along with several different people with in the company.
    I was called into the office a week after this incident and was told I was being terminated due to that I had created a false email account of an past employee and that I tried to use the company credit card to pay for a service to unlock a cell phone thru an on line service. (The company paid for my personal cell phone) They told me that they had proof that it was linked to my computer that I use. I assured them that this was the craziest thing that I had heard of and of course this information was false. My computer that I use in this office was semi secure but not totally, meaning it is at my desk and there is a password but only to turn on the computer; once the password is entered the computer is active unless it is turned off. I am often away from my computer in meetings and such. I sat in an open office of 3 other people which 2 of them were not there that day. I did have access to the company credit card as I had for years but had only used it with permission.

    Well I have received my notice from the claims department and I have been denied for the Reason: for not following the rules and that I violated the company’s electronic media policy, and that I was aware of these policies.

    Well the funny thing is that I was denied to view the proof they claim they have against me. During the phone investigation from the Ga department of labor they told me the Computer Department had this evidence against me, well there isn’t a computer department. I tried to question the proof because I waned to know the times this transaction took place as the morning this all took place on my computer I was out of the office picking up my son from school. The only problem is I was unable to clock out due to a meeting being held in the room where the time clock was. I do want to state the time clock was not enforced as some employees did not even use and I was a salary employee. I do have a note from my son’s school stating that I did pick him up and it does state the time.

    I saw in the appeals handbook I can request the company’s records, which I have already asked for and was denied by the employer. What is the best way to appeal (short and sweet or allot of detail?

    Do you feel I have a chance to win my appeal? I still am in disbelief that this has happened to me. This false information is going to haunt me for a while.
    Last edited by wrongfuly terminated; 11-04-2009, 08:47 PM.

  • #2
    This isn't a criminal case. The employer doesn't have to prove beyond a reasonable doubt that you did it. It was legal to terminate you based on the fact that it was your computer used, you had access to the card and as far as the company's records show, you were at work at the time. It is iffy how much weight a note from the school will help, but it can't hurt.

    No one can predict what the state will ultimately decide.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      What are my chances of getting unemployement? AND What is the best way to appeal?


      • #4
        As Elle also noted, no one here can predict what the state will decide in regard to granting you UI benefits. During the appeal, just tell the truth.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


        • #5
          FYI, just to be clear, a wrongful termination does NOT mean that you were fired for something you didn't do. It means that you were fired for a reason prohibited by law.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


          • #6
            The best way to appeal is just to respond that you disagree with the decision. Put in that block what you have told us here. You were not in the building, others have access to your computer,.......
            When you get the pack acknowledging you are appealing, it will have your former employer's response along with any documentation (transcribed phone conversations with EE and ER, company documentation) both of you sent to the Ga DOL. You get what they have submitted and they get all communications from you. Same pack for both parties. If you need to submit additional evidence beyond what is in the original pack they sent to you, it must be sent to the appeals board AND your former employer prior to the hearing date (send it registered or certified for confirmation of receipt). If you really did not do this thing (sorry the suspicious employer is rearing its ugly head here....) I would write in that you want an in-person hearing. It is harder to lie to a hearing officer eye to eye.
            I do these all of the time as I am a high turnover field but no one can tell you what your chances are of winning the appeal. I have won ones I never should have won and lost cases that I had I perfect documentation including video and stills of bad behaviour. Go figure.