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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
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Experience:  19 Years of Legal Practice Experience in this precise field.
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I was terminated for post dating a document and signing an

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I was terminated for post dating a document and signing an associates name for seasonal employment. Can I be denied unemployment? I worked for the compamy 18.
Submitted: 5 years ago.
Category: Legal
Expert:  Alexia Esq. replied 5 years ago.
Hi,

With regard to your post:

I was terminated for (1) post dating a document and (2) signing an associates name for seasonal employment. Can I be denied unemployment? I worked for the compamy 18.


Unfortunatey, yes, I think you may have a grave issue here that may not be defeatable before the UI adjudicator. Generally, post dating may be considered uttering an untrue statement or fraud and of course forging another's signature is fraud and actually, a crime for which you could be prosecuted, much less terminated. In NJ, if our separation from our employers is based on misconduct, we are ineligible for benefits.

The only possibility I see if is you show that it was NOT misconduct and that your employer routinely authorized this post dating and signing (which may not excuse it altogether, but may show that you were not knowingly committing misconduct). In other words, if this practice was accepted practice with your employer, and you can prove it, you may be able to show that it is lying when it says you broke one of its policies.

Good luck.

Because I help people like you here, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you the best in your future.
Customer: replied 5 years ago.
I admit I was wrong and was late in having the document signed. The document in question was not the right document that was supposed to be used. What recourse do I have if denied benefits?
Expert:  Alexia Esq. replied 5 years ago.
Hi again,

If you are admitting it was misconduct, you likely will not win an appeal. As noted misconduct is an express reason for denial. If you are saying, "yes, I did it, but I did not know it was against company policy because people do it all the time" - then you MAY have some appeal leverage, with no guarantees.

If you can not successfully appeal, your options are to get a job so you can pay your bills, or borrow from others while you look for that job. There are NO other UI options if you do not win on appeal. (Assuming the employer contests your UI claim.)

Good luck.

Because I help people like you here, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you the best in your future.
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