Do I Have a Strong Case to Win My Appeal

My question involves unemployment benefits for the state of: Massachusetts.

On Monday, 11/5/2012 I was terminated from my job as an Assistant Branch Manager for a bank because of an operational error. I had nothing in my file previous to this error either for operations and only a performance plan to reinvigorate my sales for the fourth quarter.

On Tuesday, October 23 I was closing out my day. There had been a spike in bank robberies in the area, specifically at "in-store" grocery store bank locations. My bank was one of these institutions.

As a new precautionary step at the end of every night, every person who worked on the teller line had to "sell" down their cash to the head teller, who holds a majority of the banks on hand currency. That night I had written out a "sell" ticket to our head teller but miscounted my $20 bill straps and written the incorrect amount on the slip.

The next day was my scheduled day off, however, we were having a branch meeting at 8:30 in the morning. Typically our meetings run from 8:30 until 10:00 am when the branch opens. On this particular day I was unable to stay late. I had an existing appointment to be at for 10am.

That said, I was informed I needed to fix my ticket from the night before and adjust it in our computer system. Basically, I had to do a new ticket and account for the proper money sold the night before. The only change to my cash totals from the night before, when I closed out my drawer and balanced, was putting in a strap of $20 dollar bills totaling $2,000.

In order to settle your drawer on a typical night, one must fine count all of your currency. Fine counting is itemizing each bill in the computer system. The night before I had settled perfectly and there was no issue (as far as I remember.) After the meeting I had to sign into our system, adjust my ticket and settle my drawer before leaving by 9:45.

Rather than fine counting my cash (as it had been done a few short hours before with no error) I adjusted my totals to reflect the incoming $20's and balanced out without a fine count. I submitted my paperwork and went about my day as I would any other day off.

Several days later I received a call from H/R "investigating" me for what happened. I told the woman my side of the story and felt that there was nothing wrong with it. She told me it was considered false balancing and that they were investigating me for it. This was news to me, as I had not assisted any customers and was just correcting an issue.

After that phone call I heard nothing for several more days until Monday when I arrived to work. My manager and district manager were there, took me in the office and told me that I was being terminated for false balancing and that the bank is very strict on these rules.

I had nothing on my record previously with this company. No balancing issues or warnings whatsoever. The only thing in my file was a Performance Improvement Plan for sales. I had transferred to a branch in Massachusetts from a branch in Rhode Island whereby my current manager felt I didn't receive enough training, so part of my performance plan was to re-train me on everything to be sure I was up to speed on how everything was meant to be done in the Massachusetts branches.

I was told by my district manager that I "should" be able to collect. A few days later I received a packet in the mail with instructions on how to file for unemployment and COBRA insurance.

It took nine weeks to receive any benefits, yet here I am about three weeks into finally getting them and today I received a letter stating that the bank is appealing.

Do you think I have a leg to stand on?

As I told someone else earlier, never say never; I've seen some strange UI decisions on both sides of the coin.

But, unlike the other poster, I think you have a reasonable chance - I'm not going to take it as far as strong, but reasonable - chance of maintaining your benefits.

Are you drawing your benefits on MA or RI?

Massachusetts

Then I wouldn't worry much about it. MA comes down pretty heavily on whether you "knew or should have known" that what you were doing could cost your job. If you didn't have any previous warnings that a false balance was grounds for termination, MA is unlikely to overturn your benefits.

But, just to reiterate, my opinion is not legally binding on the DUA. It's unlikely that the employer will prevail - I cannot say for certain that it's impossible.

Thank you very much for your help.