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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116813
Experience:  20+ Years of Employment Law Experience
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I was fired for misconduct with my employer. I applied for

Customer Question

I was fired for misconduct with my employer. I applied for unemployment and was denied. The interviewer determined I "deliberately falsified records", a reasoning I don't agree with. I want to write an appeals letter and am looking for the best way to state my case.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Have you talked to a lawyer yet?
Customer: No, I literally just received the letter
JA: Anything else you think the lawyer should know?
Customer: Yes, I did accidently miscount my teller drawer. I listed the amount of bills I had (23 50's) instead of listing the value. When the mistake was found, I went through all of my teller work and found a check for 884.00 that was pending in the system (I would have no way of knowing that unless I looked for this information, the system does not alert you of pending transactions). I researched the check and account it was supposed to be held against, determined the check was not posted correctly, processed the transaction and recovered 884.00 of that 1000.00 difference. It took the bank 10 days to fire me. Yes I absolutely made a mistake but, it most certainty was not deliberate
Submitted: 12 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is pretty hard for any interviewer to determine intent if there was a true mistake, so in your appeal, you need to detail the facts and you need to show how there was some other issue that caused you to make the mistake you made and it was not done intentionally. So, as you said, you may not have listed the value, it could be easily determined by what you wrote and that you had no knowledge or any way to easily determine the pending check, so you did not intend to falsify anything, you could not intend it if you had no knowledge and an intent requires proof you did it on purpose with malice. You also need to point out that had the correct information been available to you the mistake would not have been made.