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  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Default Getting Unemployment After Being Fired for Cause, Employer Says it Won't Oppose

    My question involves unemployment benefits for the state of: Massachusetts

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

    On August 11, 2012 - I was fired from my job, where I was a star employee, would have been there five years in January. I loved my job.....BUT made a terrible mistake in getting caught up in a harmless everyday act with a co-worker of mine. It started randomly, her clocking me in in the morning (I do not have my own car, so it was tough to be on time every day, and I know my supervisor was getting perturbed. I in turn started clocking her in from lunch so she could have a few extra minutes. Well needless to say, we got carried away. I simply was not thinking straight, that this was stealing from the company....until I received a hand written note that had been scanned and emailed to both my co worker and I. It looked like a two year old wrote it (backwards letters, misspellings etc) one Thursday afternoon. It said "Important - *** and ******, Security "ses" leave today with your stuff "yu" gonna get fired tomorrow cause of breaks and stuff. Get out today and don't come back - and it was signed Eric and Bill - which ARE two security officers we saw daily.

    I immediately panicked and wanted answers - I walked over to *** and told her I was going to my Boss to ask what this was all about - She didn't care in the least - she was getting married in a week, hated her job, and hated the people she worked with - and in a LARGE corporate company, once management knows you have not drive or ambition to be there never mind do well...they were looking for a way to her out. I was horrified and crying hysterically - I did not want to leave my job. Although, still at this point I had NO inclination that this was about time cards.

    We walked right over to my manager and I showed him the email I had just gotten and obviously completely caught him WAY off guard. He was frantic, calling HR, Security etc. I was asking him what was going on and he would not look at me or answer me. NOW before this I worked with this man directly everyday - so then I knew something was up.

    A lady from HR finally came and got us three and we went up to HR, Then I saw this super intimidating loss prevention guy. I was horrified - Of course they tooke me in the room first cause I was so visibly upset and probably knew I would be honest. And I was. I told him that we have been doing this for about a year or so - and we just got carried away and obviously very careless. They took me in another room and i was told to write down a statement about what was going on and to be honest and that was the best way to go, so I was honest. I was not thinking I was betraying the trust of my co-workers at ALL.

    Until now - I am severely depressed and remorseful. I was sent home that night and told that I would get a call the next day to let me know if I was fired. I firmly believe that they HAD to fire me because they were going to fire ***. I mean, my boss looked me in the eye and said he would NOT contest unemployment.
    Well when I received my initial benefit determination, My employer marked a "U" for separation code. I was then assigned an adjudicator because supposedly, if an employer puts a "U" for unknown, a third party must come in and investigate whey I left the job (this according to my adjuster).After about two weeks, my adjudicator answered my call and said that he needs more documentation from my previous employer - and they had 48 hours to produce this documentation to him (after-all, the burden of proof is on the employer. Well 48 hours passed and he then called me and told me he just found out that another party was involved in my separation. NOW he will have to wait to make a decision on my claim until hers is finalized. Well another two weeks or so went by and ***'s adjudicator told her on Wednesday that she needed more docs from them and they had 48 hours. There time was up last Friday at 2:30. And neither of us have heard anything! Trust me, I KNOW I did wrong and am suffering big tome for my actions. Has anyone ever heard of one claim being held up because of another? I truly feel like we should be looked at individually.

    Please help! If I do get denied, is it worth appealing the decision? I DID sign a statement admitting to clocking each other in.

    Any advise would help.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: It's Been to Months

    Your claims are being looked at individually. But the information on the two claims is relevant to each other. Besides, you are not exactly in a position to argue the point, are you?

    They didn't HAVE to fire either one of you. But no, it's not that legally if they fired your co-worker they had to fire you too. It's because both of you committed a firing offense and both of you got fired. The fact that you rolled over on her does not make you less culpable or her more guilty. It just means you were the first one to talk.

    The fact that your employer said he would not contest unemployment does not mean that you will not be denied, and I would expect that you will be denied. The state decides who does and does not get benefits, not the employer, and clocking one another in and out is certainly misconduct. I've had the state (and I am in your state) decline benefits for employees of mine who committed lesser offenses when I did not contest. No one ever won an appeal by not filing it but I don't think a whole lot of your chances.

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