Thank you for your question and I look forward to working on your answer. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.
That being said, in order to better assist you, could you please clarify for me:
1. Your country/state?
2. Did you collect Unemployment Insurance benefits after termination? If not, did you apply? On what basis were you denied, and did you appeal?
I look forward to getting to work on this for you. Hang in there!
Stephanie O. Joy, JA Legal Expert
Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.
I lived in Florida and now live in Illinois. I applied for unemployment and was denied for misconduct. I didn't appeal at first because I was moving and thought I would find a job. My co-worker was fired for the same reason, she was denied unemployment and appealed and won. I recently appealed, mostly because I was offered a job but after they talked to my old boss, they called me and recinded the offer so I filed a late appeal on my unemployment in Florida. I am currently working now, just started at two jobs. Unfortunately, I made a mistake in using the cc too much. My boss let me do this because he is only a small shareholder in the business and was charging thousands in personal expenses without reimbursing the company and had me hiding stuff. I was kind of stuck I thought. Now having learned a valuable lesson, I would like to pay back the rest of the money I owe but not go to jail of course. My unemployment appeal has not been heard yet. Thank you!
Sounds like your boss is in the hotseat and needs to blame someone so he doesn't get canned for it.
First, make sure to bring your co-worker to your UI hearing as your witness - her argument/facts can work for you too! Also, bring ALL those checks and any other documentary evidence (emails?) confirming that you had permission to use the cc and that you always paid back as required. Indicate that you understand that the boss has been overspending on it and has gotten caught hiding purchases to avoid paying it back, and that now that he has been caught (if this is true and if it does not implicate you in his theivery, see below), it appears he is trying to accuse the employees of spending and not taking back. Every expense should have a signed signature on the cc receipt, so they should be able to prove who spent, unless it was over the internet (uggh).
Secondly, talk to her about her being willing to make a statement to the police about the general permission you had to use the company credit card, and that past usage will show that is was permitted and understood that you would reimburse for the personal expenditures, and show that you DID. Those past transactions of acceptability and your chronic payment back is your best evidence. I would like you to be able to tattle on your boss, but I do not want to see you say you were assisting him in stealing ('hiding stuff') if it will get you in like trouble.
I do not recommend you blow of the officer because yes, he can seek assistance through your local police. However, I would recommend you do consult with a local criminal defense attorney, even if only for 1/2 (reasonably priced), to learn of the likelihood of local police cooperation.
Using the cc too much is NOT the same as stealing. It is civil matter, not a theft matter.
If that request in Nov. was for an itemization of any unreimbursed expenditures was in writing, that would be terrific!!? His blowing it off would help to show his motivation. If it wasn't in writing, are ther eany witnesses? If it was by phone, can you at least get the phone records to show you called him on that day?
Lastly, if you have the time and energy, I would file a lawsuit for defamation against the old boss and the employer - he is speaking false and derogatory statements against you to third parties that has obviously damaged you financially and via your reputation. It will teach him a lesson.
Hope this helps to clarify.
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. This will not cost you anything, if you already deposited to the company for this service. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks!
My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advise and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).