The reason I disagree with some others on this issue is twofold. In the first place, I have probably seen fifty or more cases in unemployment benefits issues where the employer had accused the claimant of workplace malfeasance and criminal charges were pending. Some of them were quite valid, and some of them were very sketchy. The former employee is out of work. This may cause financial hardship.
In this case, actual criminal charges have been filed, and the potential claimant has retained an attorney. He has received what I'd consider standard advice not to discuss his case with anyone. I maintain that this is not likely to preclude the filing of unemployment benefits. He is, at the present time, maintaining that he is out of work through no fault of his own. He has been accused of a workplace misconduct that is so egregious that criminal charges have been pressed.
He needs to consider how great are the chances that the employer can show ready and convincing evidence of this misconduct? If the employer is willing to come into the unemployment system, which in most cases IS a closed system to everyone but either of the two parties, and show them the evidence, or be more convincing than the claimant that the actual crime occurred and he did it, then he's not going to win the unemployment approval.
And frankly, I've see a few claimants talk themselves right out of benefits, and probably give the employer some more evidence of how the crime was committed due to their stupidity and inability not to self-incriminate while in their unemployment hearing. I've seen employers present some jam up absolutely indisputable evidence that the claimant actually did it, whatever it was (in one case, setting the building on fire deliberately, in many cases theft, assault, etc.) And in those cases, the claim wasn't approved.
But I have never seen or heard of the whole concept of "not discussing your case" carried over into not filing a claim for unemployment benefits.
