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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35320
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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This question is similar but with a different outcome. an

Customer Question

this question is similar but with a different outcome. an employee of mine took my bosses phone claming that he found it when the phone was place at the bottom of the stair case were we normally put mail, keys, glasses, ect. I track the phone with the gps and when to pick it up. I did not say anything to him just ask if he took the phone and he said yes that he found it. When i got back to work my boss ask me to get his paycheck ready and to let him go. This morning we gave him his check and he is asking for an explanation and wants to collect unemployment. My boss what me to let him know that because he took company property with out authorization we are letting him go, i want to avoid a lawsuit and him from collection umeployment. Advice please
Submitted: 20 days ago.
Category: Legal
Customer: replied 20 days ago.
My first question was avoiding giving him an explanation but now my boss wants me to give him an explanation.
Expert:  LawTalk replied 20 days ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If you don't want him to get unemployment because of the apparent theft of company property, then just tell him that he is believed to have improperly taken the phone, knowing that it was not his.

Then all you need to do is let EDD know that he was terminated for cause---theft of company property, if he files for unemployment---and that will end any unemployment claim he might make.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help, or you are a subscription customer already. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Rating is accomplished by clicking on the rating-stars on your page. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug