What are my rights to unemployment compensation if I was terminated for theft but later vindicated of the allegation?
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What are my rights to unemployment compensation if I was terminated for theft but later vindicated of the allegation?
I applied for unemployment benefits and they denied me saying I was discharged for theft. However, I was accused of theft but proved via surveillance video, credit card receipt, and date and time stamp via computer logs through the registers that I in fact did pay for the items they accused me of stealing. However, they terminated my position anyway. There has been a string of terminations of managers within our district for the prior months for a reduction in hours needed to be paid, as well as each store was given less man hours to schedule for work per shift. It is my assumption that they are firing individuals for any reason to not pay them their unemployment benefits/
Asked on June 12, 2015 under Employment Labor Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you were not fired "for cause" but were terminated for some other reason (such as the company wants to save money), you should be legally eligible for unemployment. You should appeal the denial of unemployment benefits, using the evidence you describe to show the unemployment insurance appeals board that the claimed reason for your termination is false or pretextual. If you demonstrate that you did not commit the claimed theft, you should be able to receive unemployment. You can find information about how appeal from going to the unemployment website or contacting them via phone.
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