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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 38773
Experience:  I provide employment and discrimination law advice in my own practice.
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Ive received a letter from my unemployment benefits which

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I've received a letter from my unemployment benefits which I was on since June 2012 to July 2013 . they are requesting me to pay a overpayment of the whole year. I called and I was told the determination of overpayment was due to fraud of my background check from my job that laid me off. I worked for burger king for 5 years, 2 years ago they became franchise and required new background checks for every employee. Unemployment sees it like I lied about my background which I didn't I already was working but under different management. and last time I heard , its not illegal to say no on the felony question. I think its very unfair that I have to payback all the benefits of a whole a year. its doesn't seem right and probably I was misinformed. Could you please shed some light I could really use your advice, thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

This is a good question. Jus to be sure I understand what happened, new managemen came in and asked for a background check. You took the check but did not truthfully answer the questions. When the employer found out, they terminated you. Is that a correct understanding?
Customer: replied 1 year ago.


partially correct I do not remember well If I answered yes or no on the felony question either way they still still terminated me also It seems to me hard to believe lying on background check is a red flag for unemployment benefits its doesn't correlate to me. another thing will I be charged every time I respond to you Smile

Expert:  Dimitry K., Esq. replied 1 year ago.
Paul,

Let me answer your last question first--you will only be charged when I provide you with an answer and you positively rate it (I have not yet given you an answer, I am still trying to obtain all information that I can to ensure I answer correctly).

To ask a follow-up to your first question--did the employer formally tell you why you are being terminated?
Customer: replied 1 year ago.

yes she told me by a phone call , she said "they have found out about your background i'm sorry there's nothing I can do ".after that I went to our my old store and told them what happen they informed me at their store some workers with backgrounds were terminated too.

Expert:  Dimitry K., Esq. replied 1 year ago.

Paul,

Thank you for your follow-up. I am going to answer your question both ways as the situation would differ here somewhat based on the facts.

In the first situation if you properly disclosed that you had a felony, which they found on your record, and you were promptly terminated, that is considered to be a 'termination without cause'. That is because you did not violate any terms as you know of, and that grants you the ability to seek unemployment. In that case you can contest the agency request, explain the situation, and state that as you were terminated without good cause, you were then entitled to benefits because a criminal record by itself is not a violation of employment.

However, if in the second version you did not properly disclose that you had a felony and you did not properly fill out their record check, and you where then terminated, that is a valid 'for cause' termination. That is because it would be considered that you lied to your employer, and that grants the employer the right to terminate. Because termination is then 'for cause', unemployment benefits are not available, as those benefits are solely available for those who were terminated without their fault or responsibility. Lying to an employer would be fault-based. In that case seeking benefits would not be proper, and the agency would be completely within their right in demanding full repayment.

I am still unclear as to which version took place so I wanted to answer it in both ways for you. Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 38773
Experience: I provide employment and discrimination law advice in my own practice.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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I provide employment and discrimination law advice in my own practice.