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    rmcooper7's Avatar
    rmcooper7 Posts: 1, Reputation: 1
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    #1

    Jun 28, 2009, 11:26 AM
    Fired for Cause
    My Grandson was terminated a few months back because of a mathmatical error on his timecard. The actual hours were input correctly, but when he added them up he put in the wrong total. His supervisor fired him on the spot claiming he willfully stole from the company. He applied for unemployment benefits in Oregon and was denied for being discharged for misconduct.

    He received his final paycheck which he deposited in his bank only to find out a week later that it had been deducted from his account due to a "stop payment" order from his employer. Attempts to talk with the company's owner have not yielded any results.

    He wants to re-apply for unemployment benefits and if denied will pursue an appeal. He also needs to receive his pay that was withdrawn. Should he begin the process by re-applying through Oregon's Unemployment online system, wait or the denial and then pursue an appeal - or is there a better, quicker way?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #2

    Jun 28, 2009, 12:18 PM

    I doubt he would be able to get unemployment but maybe worth the try but the company will fight it.
    He really needs to go after them for his last pay though. They can not withhold pay.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jun 28, 2009, 12:50 PM

    He needs to appeal his initial ruling, not start a new one.

    He also needs to complain to the Dept of Labor that his final check was not given to him. The only way they can keep any of that check is if he was overpaid on the previous one. They can keep the over payment.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #4

    Jun 28, 2009, 01:20 PM
    [QUOTE=ScottGem;1823949]He needs to appeal his initial ruling, not start a new one.

    Ahhh yep I didn't catch that.
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