Refused to Pay Employee Under the Table - Resulted in Unemployment

My question involves unemployment benefits for the state of: VA

Thank you chyvan- you definately made sense of what I should have posted previously.

I have filed for unemployment and I have a fact-finding interview next week, determining "whether or not I was dishcharged or suspended for misconduct."

I was told to give a non-paid employee cash for compensation. I did not want to be part of it, stating that if the owner wanted to pay him, he should do it himself and accordingly. The arguement got so intense in trying to plead with him to correct the payroll and do the right thing, upon his refusal and use of profanity, I had to leave the establishment in tears.

Me stating where the compensation came from and how it was earned- which would benefit me, is completely irrelevant, correct? The deputy is only interested on the separation and if there was misconduct. Correct? :confused:

My concern is that I left the establishment. Will this classify as misconduct? And how can I prove or say that it was with "good cause." Not involving myself in illegal activity? What wordage is appropiate and to the point?

They have the burden to prove that this never happened. Correct? Which means this fact-finding interview is based upon heresay.

What is the Deputy looking at during this interview?
Who will speak first regarding the actual events?

Thanks for your help..

I'm not so sure that notice about "misconduct" is going to stay that way. Things can just as easily turn into an adjudication based on you "quitting."

If it's misconduct, the employer has to prove it, and speaks first. If it's a quit, you have to prove it, and speak first.

If you have no witness that heard your boss with their own ears say you have to pay the other party from your check, then you really do have a potential problem. However, it's not impossible that your boss won't shoot himself in the foot and say, "that person walked off the job when asked to pay the substitute while out sick," but you can't count on it.

If you haven't committed yourself to a story, try to think of an equally good alternate theory that you can prove. Even late paychecks is a tough sell. However, if you have copies of the checks and the dates on them are accurate, you can make a case that all checks after the official payday were late.

Ummm Chyvan, this is a legal site where people ask for and get legal information. It's not a site where people can learn how to tell lies and defraud government agencies.

The person mentioned the late checks in a prior thread. Where exactly did I say to lie? There can be competing theories to get unemployment. It's about what you can prove, and some are easier to use than others.

Besides that, we don't even know if anything that anyone types here is the truth. Any employer asking an employee to pay someone under the table may very well have done other shady stuff. It wouldn't be a lie if they can prove it.

Eerlations, I am surprised at the above statement and more surprised that you are a senior member in this forum. I believe you may lack the mental capacity to give good information to good people. With respect, I doubt many registered members of this forum will come to you for assistance in regards to paying another co-worker out of their own pay check due to the fact it is illegal.

I don't think that committing fraud upon an employee and the employee refusing to go along with it is grounds for an employer to get out of paying UC.

You can be sure many employers (especially small ones), given the opportunity, will lie to get out of paying UC. UC is not state money. It is the employer's money paid into a state fund. If there is too much money paid out, then UC raises the rates the employer has to pay in.

Here is a similar question. Employee after working for a year or more finds out that the employer is not paying any of the FICA withheld, much less the employer's comtribution, into the SS trust fund. In other words the employer is defrauding the employee. Are we to believe that the employee is to continue his employment? Are we to believe that if the employee quits he would not be able to get UC?

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Quoting Conrad Hunter

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I don't think that committing fraud upon an employee and the employee refusing to go along with it is grounds for an employer to get out of paying UC.

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If you pay attention you'll see that the issue is not the "I want you to pay this guy money" part of the equation, but the "voluntary quit" part. It's difficult to convince UI to pay you when you choose to walk off the job, even if we assume that the employer tells exactly the same story about the events leading up to the voluntary resignation - and I doubt the employer will tell the same story.

Yes, I do have a witness, The Director of Human Resources, also incharge of payroll. He was just as upset and surprised at the issue, he had to leave the office.

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Quoting Georgetown

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Eerlations, I am surprised at the above statement and more surprised that you are a senior member in this forum. I believe you may lack the mental capacity to give good information to good people. With respect, I doubt many registered members of this forum will come to you for assistance in regards to paying another co-worker out of their own pay check due to the fact it is illegal.

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You completely misunderstood my statement. Chyvan appeared to be advising the OP to commit fraud against UI. If you'd actually read my post you would have seen that I was simply advising Chyvan that this is not a forum ro help people commit fraud. I said nothing whatsoever about the il/legalities of forcing an employee to pay a co-worker out of his/her own paycheque.

Regarding my mental capacity, it's certainly better than yours - at least I can read (and spell). :p

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Quoting eerelations

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Ummm Chyvan, this is a legal site where people ask for and get legal information. It's not a site where people can learn how to tell lies and defraud government agencies.

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"defraud government agencies" ... writing that down and using in a statement against my former employer. That's the first time you actually responsed with some kind of legal information, instead of ruining my cup of coffee. Thanks.

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Quoting Thankz

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"defraud government agencies" ... writing that down and using in a statement against my former employer. That's the first time you actually responsed with some kind of legal information, instead of ruining my cup of coffee. Thanks.

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What? Why all the hostility? All I did was tell Chyvan this isn't a fraud-training site, and then I explained to Georgetown that all I said to Chyvan was this isn't a fraud training site. I haven't said anything at all to you, and certainly nothing I've said to anyone here should warrant you acting like a nasty jerk! Wow.

Eerelations, please do not respond to any of my comments. If you do respond I will report you.

Thankz, I wish you the best of luck on your case!

When you post on a public board you do not get to pick and choose who responds. Reporting eerelations for responding to your post will have no effect on her ability to do so.

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Eerelations, please do not respond to any of my comments. If you do respond I will report you.

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Report her for what? And what, precisely, do you think I'll do about her responding to publicly accessible posts? Besides encouraging her to continue doing so, as she's a long-time, valued contributor here?

If you don't like the culture here, feel free to leave.

Awww thanks for your support, cbg and Missy. :) I think Georgetown's just embarrassed because I pointed out his mistakes, and he doesn't want me to do that anymore.

UPDATE!! I had my fact-finding interview today...

Employer wasnt there to pick-up the phone... It was just me telling what happened.

BUT- The deputy said I could have gone "alternative avenues" in resolving the issue. She said I should have contacted DOL and continued to work there even under the hostile conditions and then he would have eventually fired me.

I am shocked. This will probably make me ineligible for UI. Feel like I shot myself in the foot for doing the right thing.:(

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This will probably make me ineligible for UI.

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Maybe, maybe not. Don't give up just yet.

If you are denied, appeal it. The worst they can do is say No again.