If an employee is fired for theft but receives unemployment benefits because the employer didn’t present evidence of misconduct, can it still persue legal action?

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If an employee is fired for theft but receives unemployment benefits because the employer didn’t present evidence of misconduct, can it still persue legal action?

Asked on September 13, 2012 under Employment Labor Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, the employer can still pursue legal action--either reporting the incident to the police and pressing charges, or suing for the return of the money. Declining or failing to pursue a remedy in one venue or forum does not prevent someone from pursuing remedies in other venues or forums.


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