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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11291
Experience:  Significant experience in all areas of employment law.
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You can not Terminate someone their report unknown reason

Customer Question

You can not Terminate someone for falsify their report unknown reason due
to faulty equipment.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 5 months ago.

Hello and welcome. I am not quite sure as to what your question is. Can you please clarify? I very much look forward to helping you on this matter.

Customer: replied 5 months ago.
My employer just terminate me, that is all the Termination letter said, you are Terminate.
When I file for un-employment the Virginia Employment Commission paid me for two months
and the third month they stop my un-employment benefits due to. The company complain.
They allow me to appeal 19 times. " I did say this was unreal to do."
The Virginia Employment Commission demand that I paid back 1132.00 dollars. So they took
my State Refund check which was 355.00 dollars. And they demand that I pay the rest.I complain the Termination letter only said, I was Terminate and nothin else. However the
Virginia Employment Commission has said that I had falsify my machine report.
I tried to explain several times, due to no result they denied me several times.
Statement: No can write an report under uncontrol environment such as : Water falling.
parts falling onto the floor from others departments. And you have to stop doing your job
to clean up because the product came into your area. And your pen and paper was always
wet due to the water running.
Customer: replied 5 months ago.
Pleas, give me the, President case reference, that says you can not Terminate someone for falsify a report.
Customer: replied 5 months ago.
Listen, you need a case reference to make this statement, "You can not Terminate someone for falsify...
You can not Terminate someone for falsify their report unknown reason due
to faulty equipment. " So, What case are you referencing?
Expert:  Patrick, Esq. replied 5 months ago.

Thank you.

Unfortunately, an employer can terminate an employee for falsifying a report. So, there would be no case reference saying they cannot.

It sounds like what happened here is that you were terminated for a reason that the unemployment office determined constituted "misconduct." If an employee is terminated for misconduct, they are denied unemployment benefits. You attempted to appeal but you were u nsuccessful in changing the mind of the unmeployment office. So, the benefits you received needed to be paid back. Since you did not pay the benefits back, the unemployment office garsnished your tax refund, which the law permits them to do.

So, I must unfortunately tell you that there is nothing actionable or illegal based on the facts you have described. I truly wish I could tell you otherwise, but you are here for honest and accurate information, not simply to be told something that you want to hear. If I can clarify anything just let me know.

Customer: replied 5 months ago.
Bye, bye. call me if you think you have a good legal answer.
Phone(###) ###-####
Customer: replied 5 months ago.
Thank you! I'm disable now: meaning that I'm drawing disability now. Thank you again!
Expert:  Patrick, Esq. replied 5 months ago.
You are very welcome. If there is anything more I can do for you just let me know. If I have answered your question I would greatly appreciate you taking a moment to positively rate my service, which is how I receive credit for my answers. Best wishes.

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