How can this be?

[activedreamer]

I live and work in New York and I understand most employment laws as the apply to "at will employment", however this does not make sense to me. In the case where a series of individuals are found to be at fault in a situation regarding company policy how does a company get away with terminating one individual.

In a retail establishement where two assistant managers, two store managers and one associate are involved in a situation that is not caught for months and then all of a sudden it is one of the assistants that takes the fall. The company not only terminates the assistant but also refuses to pay unemployment benefits.

Is there anyway to fight for benefits in this scenario? Help!

 

[cbg]

The employer is not the one who makes the decision as to who does and does not get unemployment. They can contest benefits, but the state, NOT the employer, makes the final decision.

Have you been officially notified by the state that benefits have been declined? Or have you been notified of the employer's contesting benefits and that there will be a hearing? It makes a difference as to your next step.

BTW, if you have officially been notified of benefits being DECLINED (as opposed to contested) what was the reason given?

 

[activedreamer]

Benefts Declined

My benefits have been declined and the reason stated was that I was aware that what had happened was considered misconduct. I have 30 days to request a hearing and I do not want to do so if all I have to go on is that I wasn't the only one guilty of the violation in company policy.

 

[cbg]

It's up to you what basis you use, but the appeal is your ONLY option. If you want the benefits, you will have to go through the appeal - there is no other way to go.