can a employer terminate a employee for collecting unemployment benefits while still working?

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can a employer terminate a employee for collecting unemployment benefits while still working?

5 employees were terminated for falsifying company records/ dishonesty for filing unemployment claims while still working full time. employees are on a rotating layoff and are laid off every three weeks. so there is a continuous filing every 3 weeks by employee’s these 5 just continued to file. Company stated that VEC suggested they be terminated. company claims the employee’s stole from them yet they were not fired for stealing?

Asked on October 5, 2010 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An employer can terminate an employee for this reason; in fact it can terminate an employee for any reason or no reason at all.  Exceptions could be if this action was not allowed by virtue of an employment contract, union agreement, or official company policy statement.  Also, discrimination must not have played a role in the termination.  However, if a criminal act is involved - and proven - I seriously doubt any exception would apply to such a case.


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