What's Good Cause to Walk Off the Job and Still Get Unemployment

[Thankz]

My question involves unemployment benefits for the state of: Virginia


The owner of the company insisted that before I recieve my paycheck, that after I deposit it, I cash $XXX.XX to pay another employee that covered my shifts due to illness. I refused. I demanded my paycheck and informed him that I was not responsible for employees wages & withholdings coming out of my salary and that it was illegal. He handed me my paycheck and calmly, I grabbed my bag and left the establishment before my shift began.


Prior to the final incident (above stated) he held my paycheck in his pocket for 3 days. I called, left messages, sent texts, and no reply. I provided a Dr.s note and followed company policy. Not only did he hold my paycheck, but I was also informed of my insurance reinbursement check that the company failed to pay, was being withheld from me as well.

Can he do this? He has disputed my unemployment claim "Whether or not you were discharged or suspended for misconduct.

I dont work for free. And I certainly wont pay other employees out of my own pocket and taxes not being accounted for. Isnt that illegal? Can I write a statement to the determining deputy?

[chyvan]

"Whether or not you were discharged or suspended for misconduct." That is actually a good thing because discharges are easier than quits. That puts the burden on the employer to prove it, and misconduct on it's own is a pretty high bar.

Your employer has the right to appeal your award of unemployment just as you have the same right. Just remember that because the employer appealed, doesn't mean that it'll make any difference.

Generally, repeated delays in pay checks do provide good cause for a quit, but I have yet to read a case where a judge has said whether repeated requires 2, 3, 4 or more times to be good cause. However, I'm pretty sure that one delayed check does not provide good cause.

[Thankz]

Ultimately, the reason why Im no longer employed there is because he wanted to pay a non-paid employee (his brother) out of my salary. This would leave me responsible to pay the withholdings, and paying an "employee". I refused. I say that these were illegal deductions and its against the law. What is that called? Robbing Peter to pay Paul?

Filing for unemployment, I did not get into depth on my claim, stating that " I refused to pay an employee under the table." But not including that the pay was to be taken from me against my permission or notification.

Should I contact the VEC or write a more in-depth statement to the Determing Deputy?

[chyvan]

I'm not sure where you are in the process, but it sounds like an appeal in front of a hearing officer or ALJ has already been scheduled. The deputy will contact you if it's still in his/her hands and needs any more information. The waiting game begins. However, I like how you phrased it as you paying someone under the table much better than my interpretation of delayed pay checks.

[Thankz]

Thank you!!