Unemployment appeal for benefits

[Cedrickparker05]

What is the name of your state (only U.S. law)?

 

[quincy]

Cedricparker, you can add your legal question to your original post by using the "edit post" feature found at the bottom of the post, or you can "reply to thread" and add your legal question that way.

Thanks.

 

[commentator]

Please be sure to include the name of your state.

 

[Cedrickparker05]

Unemployment claim appeal for termination for cc charges

TX: I have a upcoming unemployment appeal where the company terminated me for personal credit card charges that I wanted to pay back! I attempted to pay back the charges twice but the first time the credit card company would not accept payment arrangements and I could not pay the amount in full. The second time I reached the credit card company and they accepted my payment arrangements but my company wanted it paid in full. When I was terminated my employer informed me they would not dispute my unemployment claim and they notified the state of Texas they would not contest my benefits but the State of Texas denied my unemployment claim! Do I have a defense to overturn my denial? How do I approach my appeal? Please advise?

 

[Zigner]

TX: I have a upcoming unemployment appeal where the company terminated me for personal credit card charges that I wanted to pay back! I attempted to pay back the charges twice but the first time the credit card company would not accept payment arrangements and I could not pay the amount in full. The second time I reached the credit card company and they accepted my payment arrangements but my company wanted it paid in full. When I was terminated my employer informed me they would not dispute my unemployment claim and they notified the state of Texas they would not contest my benefits but the State of Texas denied my unemployment claim! Do I have a defense to overturn my denial? How do I approach my appeal? Please advise?

Why did TX deny your claim?

 

[cbg]

It is a myth that unemployment benefits are guaranteed if the employer does not contest. The state has the right to deny benefits if the reason for the termination is a disqualifying one, even if the employer is willing for benefits to be offered. Evidently the state felt that your misuse of the company credit card was sufficient reason to deny benefits. I can't say I disagree. (You do understand that neither your employer nor the credit card company was obligated to allow you a payment plan, correct?)

That said, it never hurts to appeal. The worst they can say is no.

 

[commentator]

In order to qualify for benefits, you must be out of work through no fault of your own. In the case where the employer is already paying a high unemployment tax rate, such as in the construction trades and seasonal jobs, sometimes they don't really care a whole lot about whether a person gets approved for unemployment on their account or not. It isn't going to cost them any more money. But just because they do not actively fight against your being approved for benefits, that doesn't mean they're not going to tell the truth about the reason you were fired. And you also told them the truth about the reason you were fired. And the unemployment office has made a decision that misuse of the company's credit card is a pretty good reason for them to fire you, whether or not you are willing to pay back the money.

Go on, file the appeal. You don't need to make the argument, just say, "I wish to appeal this decision." Then when the hearing is scheduled, whether the employer shows up or not, you'll be given an opportunity to tell your side of the situation again to another person who makes decisions for the agency. There's no downside to doing this, it doesn't cost anything. But having repeatedly admitted to doing what you were fired for doing, it's going to be hard to now claim you're as innocent as a lily and win an appeal.