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  1. #1

    Default How to Get Unemployement After Being Fired for Allegedly Falsifying a Time Card

    My question involves labor and employment law for the state of: Alabama

    I worked at Target for 3 years. I was someone the managers relied on more than most. I was constantly asked to come in earlier than I was scheduled to get ahead or help in areas. When I come in early a manager clocks you in using their team number. One day the store was in a hurry so I used a managers number to clock myself in early instead of calling them over to type in the number themselves. I had permission to come in early. I was fired for typing in their number instead of them typing it in. I was denied unemployment benefits for falsification of records and/or time cards which constitutes a dishonest act. I was pulled into HR office a week before being fired to "get my side of the story" regarding me using their number. At this time I received an employee handbook that has a single sentence that says Only use your team member number when using the time clock. I didn't know I could be fired for something like this. I only wanted to get to work and there was no intent of misconduct. I also received no warning or a chance to make the situation right. They told me that the employee handbook I supposedly received when I was hired was my warning. How do I win an appeal to get my unemployment benefits until I find another job?

    How is it considered falsification of time cards when I was asked to come in early? There was no dishonest act behind clocking in.

  2. #2
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    Default Re: How to Get Unemployement After Being Fired for Allegedly Falsifying a Time Card

    Of course you can be fired for deliberately and knowingly breaking a rule.

  3. #3

    Default Re: How to Get Unemployement After Being Fired for Allegedly Falsifying a Time Card

    Not wearing a Name tag is a rule. When caught without a name tag you are told to go get a name tag and put it on. The Severity of the rules is not made clear. What constitutes as a terminable offence is not stated anywhere including the employee handbook.

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    Default Re: How to Get Unemployement After Being Fired for Allegedly Falsifying a Time Card

    Employers are not legally required to spell it out. Employers are legally free to fire their employees for pretty much any reason whatsoever, including reasons that are not listed as fireable offences in employee handbooks. Google "at-will employment" for more information.

  5. #5
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    Default Re: How to Get Unemployement After Being Fired for Allegedly Falsifying a Time Card

    That thing you write for your appeal is a REQUEST for a hearing. "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient.

    Then you'll want to view the evidence or wait on the hearing packet. You might find that when you filled out your UI application and took the phone call, that you got the denial all because of what you said.

    Even at the hearing, the employer still carries the burden. I'd be interested how it was that you got a manager's number. That might suggest to a judge at a hearing that you had permission.

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    Default Re: How to Get Unemployement After Being Fired for Allegedly Falsifying a Time Card

    Quote Quoting chyvan
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    That thing you write for your appeal is a REQUEST for a hearing. "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient.

    Then you'll want to view the evidence or wait on the hearing packet. You might find that when you filled out your UI application and took the phone call, that you got the denial all because of what you said.

    Even at the hearing, the employer still carries the burden. I'd be interested how it was that you got a manager's number. That might suggest to a judge at a hearing that you had permission.
    Obviously, you've never dealt with Alabama Unemployment. There is NO "hearing packet" or 'viewing of evidence'; it's pretty much handled over the telephone.

    Not only have I dealt with them, I have assisted my daughter in dealing with them (she did so twice; once, she got her pennies, the next time it was determined she was released 'with cause'). OP would be better off to find another job, because Alabama pays squat; we call it 'pennies' for a reason.

  7. #7
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    Default Re: How to Get Unemployement After Being Fired for Allegedly Falsifying a Time Card

    Yes, all the request for an appeal needs to say is that you wish to appeal the decision, no arguments at this point. Wait for the hearing.

    Even if you turn this one upside down I have some doubts about whether anyone will be able to save the day. What he said was pretty much what he did. Good ol' southeastern states are not noticeably employee friendly in these situations. These big box stores tend to use the consulting firms to do their claims for them. And this being true, the employer's rep will be up to the minute on "burden of proof" of misconduct and what constitutes it. I miss any evidence of the claimant being instructed to type in the manager's number by anyone besides himself. The minute he "suggests" that he had the manager's permission to go on and use his number, a good hearing officer trying to make a good decision will pick up on this, and ask outright if he did. He'll be under oath.

    Yes, the store was in a hurry. The claimant was very aware of the process by which he was to be clocked in when he clocked in early, he himself agrees that he had done it many times before. Why would their being busy this particular time be a justification for typing in the manager's number himself when he had been called in many times before when the store was busy and knew full well that the thing to do was call the manager to come and type in his number?

    Only if the manager gave him direct instructions to ignore the policy which he was fully aware of and had followed many times before would he be justified in violating the company policy this time. Theft of time by clocking in a forbidden manner or under someone else's number is one of those things you can maintain is gross misconduct in that you don't need to be warned before you can be determined to have been fired for a valid misconduct reason (something that anybody would have reasonably known they should not do.) He'll need to come down hard on the fact that it was not to steal time, but to save time by getting right to work that he decided to type in the manager's number himself.

    It sounds like they may have used this particular reason to get rid of this person because they wanted to get rid of them. But this person did what he knew better than to do. He has handed them a pretty good reason to fire him. He has admitted he did it. He has admitted he knew that this was not the usual or correct procedure to use. It will be hard to explain the situation without running through this again. The claimant needs to keep making certifications for weeks that pass until the hearing. There's some chance he could possibly obtain a change of decision. If so, he'd only be back paid for weeks that had passed that he has certified for.

    OP, be sure to stress that you have not been warned or ever had a problem with this issue before. Stress that you did your best and that you were never before warned or in trouble for this issue or any other and that you had no intention of stealing time by using the manager's number in this manner.

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