How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Scott Your Own Question

Joseph Scott
Joseph Scott, Employment Lawyer
Category: Employment Law
Satisfied Customers: 171
Experience:  I handled employment law cases as in-house counsel (550 employees) and as a private counsel.
Type Your Employment Law Question Here...
Joseph Scott is online now
A new question is answered every 9 seconds

I fired an employee who worked for me for eight months. Along

Resolved Question:

I fired an employee who worked for me for eight months. Along the way her attendance was horrible. Other employees reported she was snorting coke eight times a day in the bathroom. I am a lawyer and she got way to familiar with clients. Along the way I learned she was a convicted shoplifter. The straw that broke the back was when I caught her "rounding up to the next quarter hour" on her timecard. It was a three hour discrepancy. She claimed this was something that was done with all employers in the past even though we have a timeclock and the reason for a timeclock is to accurately show your time. I disputed her unemployment claim on dishonesty. I won. She appelaed. The hearing just happened. I lost. The administrative judge acknowledged she admitted she added up her time wrong and that I learned she was a shoplifter. He said I had not met the burden of proof to show dishonesty. I was shocked. I am going to appeal the decision. What cases can I cite? Do I have a good basis? Thank you.
Submitted: 2 years ago.
Category: Employment Law
Expert:  MDLaw replied 2 years ago.
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.

We cannot do any legal work for JA customers and we cannot give legal opinons. That is prohibited. We can only provide general legal information. If you have a legal question, you can post it and I or another expert can assist you with an answer., Thank you.
Customer: replied 2 years ago.
Okay, please give me general legal information, then, on what the law is in Washington
Expert:  MDLaw replied 2 years ago.
What the law in WA is with respect to what?
Customer: replied 2 years ago.

What is the burden of an employer who fires an individual for dishonesty? If an employee admits to turning in inaccurate info on a timecard, should that not as a general rule be sufficient cause for that person to not draw benefits?

Expert:  MDLaw replied 2 years ago.
You again appear to be asking for an opinion which we cannot give and so I will opt out.
Customer: replied 2 years ago.
Please turn this over to your superiors. I disagree. I have used this service extensively in the past and no one has ever raised this pint.
Expert:  Joseph Scott replied 2 years ago.
I appreciate your question and I hope I can help out. Washington is an at-will employment state so you can fire anyone for any reason or no reason at all. As long as it does not violate any of the discrimination laws.

If an employee is dishonest and using illegal drugs, then an employer is within their rights to fire that employee. Once again, Washington is an at-will employment state so you can fire any of your employees for any reason, as long as the reasons are not based upon gender, age, race, religion, sex, etc.

I hope that helps. If you have any further questions, please do not hesitate to contact me.

My best,

J. Scott
Customer: replied 2 years ago.

The issue is not whether an employee can be fired for dishonesty. I know that. The question is what is the standard an employer is held to as to his burden of proof when an employee appeals as here

Expert:  Joseph Scott replied 2 years ago.
In Washington State, if an employee is "fired for cause", then he/she is not eligible to receive unemployment benefits. If an employee is fired for cause or misconduct (ie sexual harassment, illegal drug use, stealing, etc) then he/she should be barred from receiving benefits.

Please let me know if you need anything else. I would appreciate it if you would ask me for more information before you give me a negative rating. I am more than happy to clarify any answers, all you need to do is ask for more information.

Thank you,

J. Scott
Joseph Scott, Employment Lawyer
Category: Employment Law
Satisfied Customers: 171
Experience: I handled employment law cases as in-house counsel (550 employees) and as a private counsel.
Joseph Scott and 11 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.