Wednesday, May 12, 2010
UNEMPLOYMENT INSURANCE - MISCONDUCT - TIME RECORDS
On April 30 I discussed a consultation with a Claimant where there was a disqualification due to false time records and that all the cases I discovered have held that false time records were misconduct, even if it only happened in one instance. I also queried as to how a decision would be reached if the evidence established that not only did the employee falsify time records, but that the employer did too in order to avoid paying overtime, reduce benefits, etc. Recently, I spoke to the Claimant after the hearing on the issue. The Claimant alleged, in part, that the time records were falsified by the Claimant because the Employer did too in order to avoid paying overtime, reduce benefits, etc. The Administrative Law Judge, however, was strict on the law, and, after having the decision read to me, I felt that the judge implied that if an Employer is falsifying an Employee's time records, the Employee's remedy is to file a complaint with the Employer and/or the Department of Labor; otherwise, the Employee is, in effect, merely taking the law into their own hands by falsifying time records to compensate for the Employer's wrongful actions. Of course, this Claimant is free to pursue a separate claim against the Employer for lost wages due to false time records but is disqualified for Unemployment Insurance benefits.