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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Default Getting Unemployment After Being Fired for Making Side Deals

    My question involves unemployment benefits for the state of: Massachusetts

    Hello, My employer terminated me 7.28.14 . I am in sales and recommended our customer buy from a competitor to get out of a delivery jam. My employer says no unemployment and now I have unemployment hearing as they are fighting to stop the unemployment payments.

    After termination, employer went through emails and discovered I was selling their equipment to other customers in similar long delivery jams while at work, ( equip I bought on ebay, some equipment purged as excess inventory held too long that I took from company trash dumster. ) Employer considering to file legal charge. Their lawyer will be at unemployment hearing and might try asking me questions and details that will incriminate me and open a large can of worms. Unemployment meeting I presume will be under oath and official.
    Do I have any options to not answer lawyers question that will definitely make things worse. Can I plead anything that will allow me not to answer questions as they will incriminate me?
    My Employer only knows of attempts made to sell similar equipment and also three confirmed sales.
    My silence could keep this as a non worthy case to pursue as civilly I have no assets and criminally there is not much detail.

    Please help?

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: the Appeal Meeting My Employer Asked For

    You can refuse to answer anything you want to. Just know that your refusal to answer those questions can lead the hearing officer to make their own determination. However, if I were your employer, I'd be holding your feet to the fire, both civilly and criminally.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: the Appeal Meeting My Employer Asked For

    The UI hearing is not a criminal trial so you are not afforded the constitutional rights of a prosecuted person.

    You can certainly refuse to answer questions that might be used against you in a criminal court but the hearing officer is free to conclude that your silence is an admission of misconduct which is grounds to deny you benefits and require you to pay back whatever you've already collected.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: the Appeal Meeting My Employer Asked For

    Quote Quoting adjusterjack
    View Post
    The UI hearing is not a criminal trial so you are not afforded the constitutional rights of a prosecuted person.
    Not entirely accurate. Witnesses appearing before Congress can, and have, asserted the Fifth Amendment during hearings. No prosecution is occurring but they are still able to. It can also be used in civil court.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: the Appeal Meeting My Employer Asked For

    Our standard answer, is to simply tell them at the hearing you did your job to the best of your ability. Obviously we cannot tell you to do that as you appear to have committed theft and tortuous interference with a business relationship.

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