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Old 04-26-2013, 04:04 AM
 
Location: Seattle, Washington
2,533 posts, read 4,602,805 times
Reputation: 2821

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... and when I asked him if he planned on filing for UI he said "I don't know why because I won't get it anyway."

Here's what happened... Another employee was running late and sent my friend a text.. "Hey, I'm running late, clock me in." (To avoid an "occurence" on his record for being late) My friend did just that... he clocked the other guy in even though the other guy wasn't at work. He said later that afternoon he was called into the office with his boss and the HR person and terminated. They told him they saw him on camera clocking the other guy in.

I no longer work there having changed jobs in December so all I can tell you is what he told me... if any other info is needed let me know. He worked there for about 18 months. I know what he did is obviously theft of company time but I also told him he might be eligible for UI after serving a misconduct penalty? I have no idea if the state of Washington is claimant friendly or employer friendly when it comes to UI claims but I told him I would ask here.

Thoughts?
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Old 04-26-2013, 06:54 AM
 
Location: Baltimore, MD
3,879 posts, read 8,382,136 times
Reputation: 5184
He could apply anyway and see. If he is denied, then fine.
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Old 04-26-2013, 11:35 AM
 
14,500 posts, read 31,072,384 times
Reputation: 2562
This is one of the things where the less you say the better your chances. He should file, just say discharged and nothing more. There is a chance that the employer won't respond in time, and even if they do, as time ticks by, the less likely they are to present that video.

Your friend has to admit nothing. If push comes to shove, he needs to be creative, the clock in arrangement might lend itself to "inadvertencies," and "one-time isolated events."
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Old 04-26-2013, 12:26 PM
 
9,878 posts, read 14,122,777 times
Reputation: 21792
He KNOWINGLY stole from his employer. And now the government should pay him?
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Old 04-26-2013, 12:53 PM
 
Location: Seattle, Washington
2,533 posts, read 4,602,805 times
Reputation: 2821
Quote:
Originally Posted by spencgr View Post
He KNOWINGLY stole from his employer. And now the government should pay him?
It wouldn't be the first time someone has gotten UI after breaking the rules... You can search these very forums and find some cases with similar circumstances where the person was approved for UI after serving a misconduct penalty.

Nobody said life was fair and I never said he "should" get paid for anything...
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Old 04-26-2013, 01:45 PM
 
9,878 posts, read 14,122,777 times
Reputation: 21792
Quote:
Originally Posted by Kees View Post
Nobody said life was fair and I never said he "should" get paid for anything...
no, you didn't, but the "if they're doling it out, be sure to put your hand out" mentality is there.
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Old 04-26-2013, 01:52 PM
 
37 posts, read 69,097 times
Reputation: 23
Quote:
Originally Posted by spencgr View Post
He KNOWINGLY stole from his employer. And now the government should pay him?
No, the government shouldn't pay him.

The insurance policy he is forced to pay into should compensate him appropriately.
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Old 04-26-2013, 02:45 PM
 
Location: Wisconsin
25,581 posts, read 56,471,152 times
Reputation: 23381
Quote:
Originally Posted by Promoth View Post
The insurance policy he is forced to pay into should compensate him appropriately.
We continue to revisit this misconception.

Actually, he didn't pay into it. Only three states - Alaska, NJ, PA - assess about a .3825% (in NJ) UI tax on the employee. WA is not one of them.

Also, read this for the a correct view on who pays for what in those states which do assess the employee a tax for unemployment insurance.

https://www.city-data.com/forum/unemp...l#post29136343
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Old 04-26-2013, 02:53 PM
 
14,500 posts, read 31,072,384 times
Reputation: 2562
That is the employer's burden to prove. Plenty of people collect for no other reason than they keep their mouth shut, and their employer's do a lousy job fighting the claim, and since the employer gets stuck with the first 26-weeks cost of the claim, that's on them if they let it happen.

Quote:
Originally Posted by spencgr View Post
He KNOWINGLY stole from his employer. And now the government should pay him?
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Old 04-26-2013, 04:31 PM
 
Location: Seattle, Washington
2,533 posts, read 4,602,805 times
Reputation: 2821
Quote:
Originally Posted by spencgr View Post
no, you didn't, but the "if they're doling it out, be sure to put your hand out" mentality is there.
Heh... I made $60k last year with every nickel coming from me working. I even took a new job at the end of December with a 35% increase... Just a bit more than the 4% my former employer offered at the end of the year.

Handouts are ok I guess but I prefer working if at all possible. It pays more.

All I am trying to do is help a friend.

Quote:
Originally Posted by Chyvan View Post
That is the employer's burden to prove. Plenty of people collect for no other reason than they keep their mouth shut, and their employer's do a lousy job fighting the claim, and since the employer gets stuck with the first 26-weeks cost of the claim, that's on them if they let it happen.
I told him to apply and keep his mouth shut. Not to admit to anything.

Will post back with his results.
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