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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12500
Experience:  Significant experience in all areas of employment law.
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I was fired for falsifying shipping documentation. The items

Customer Question

I was fired for falsifying shipping documentation. The items never shipped. They are still in the company warehouse. Can I get unemployment?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: TX
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Texas is a at will state
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 8 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Whether you can get unemployment depends on whether the unemployment office finds that the reason you were terminated rose to the level of “misconduct.” Miscoduct is conduct that evidences a willful or reckless disregard to the interests of your employer. The intentional falsification of business records could very well rise to the level of misconduct, but if you can argue that it was accidental, or that there was no harm suffered and the falsification did not relate to a matter of significance then yes it is possible to get approved for benefits. Ultimately, though, it’s impossible to say how the unemployment office will rule because each case is judged on its own facts. However, I would say there is certainly a chance here.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Customer: replied 8 months ago.
Well... My employer lost money(refund for services not provided) on my stalling the clients shipment. The client will most likely end the business relationship. The client will more than likely give bad public press to the company. I was dishonest to both the employer and the client. And created detailed documentation for this. The employer has this in email documentation as well. I was under great pressure to perform and made some very poor choices. But without the unemployment buffer until I get a new job. Things will be tough.
Expert:  Patrick, Esq. replied 8 months ago.
I wish I could tell you that's the odds of getting benefits approved in this circumstance were good, but unfortunately based on these additional facts I cannot tell you in good conscience that is the case. You would have to emphasize that you did not mean harm, the pressure you were under and that the falsification was only temporary. It will be very tough but anything is possible. I just would not be optimistic. I am very sorry. If there is anything else I can do for you please let me know. Happy to help further if necessary.
Expert:  Patrick, Esq. replied 8 months ago.

Was there anything else I can assist you with before we wrap up? Please let me know, it's my pleasure to clarify anything if necessary.....