unemployment benefits

[Keye]

Please settle an argument I am having with the LOML. If a person is fired because their cash drawer did not balance can they collect unemployment benefits. I say no the LOML says yes. Who wins? I guess I lose either way so what is the correct answer?

The company has a policy that an employee can be terminated if the cash drawer does not balance. If this makes a difference.

[DaveO]

I beleive that you are only eligible for unemployment benefits if you are terminated for no fault of yours. For example if the company downsizes. But if a cash drawer is coming up out of balance there is something that was done wrong, either theft or the inability to count change right, etc.
Dave

[JackLeg]

Generally, if you are fired, you can draw benefits, I believe. SC could be different.

[NZAPP1]

I have had fired employees file claims and win. Some violations where serious

[JimmyC]

When I worked in NJ at a supermarket (years ago), you could get fired if your register was off + or - $2.50, three times or more. You could collect unemployment as long as the store didn't press charges against you.

Jimmy

[DaveO]

Here's a site that lists the basic unemployment eligibilty requirements per state http://www.unemploymentoffice.net/St...20Carolina.htm

SC requirements:
South CarolinaHow Do I File for Unemployment Insurance?

If you meet certain legal requirements, you may be eligible to receive unemployment benefits. (You will receive a definite answer when you file a claim.)
The following rules apply:

• <LI class=12ptblue>You must be laid off through no fault of your own. <LI class=12ptblue>You must have worked for an employer (or employers) who paid taxes in your name.
• You must have earned a minimum amount of wages during the 12-month period occurring before the quarter in which you were laid off. (Contact your local unemployment office for details.)

NC requirements:

EligibilityIn order to receive unemployment compensation, workers must meet the requirements for wages earned or time worked during an established (one year) period of time. In addition, workers must be determined to be unemployed through no fault of their own.

• Losing your job can't be your fault <LI class=maintext>You must be able, available, and willing to work <LI class=maintext>You must be actively seek work. <LI class=maintext>You cannot refuse to take a job for which you qualify. <LI class=maintext>You cannot attend school on a full time basis ( Unless approved.) <LI class=maintext>You cannot be employed full time. <LI class=maintext>You cannot receive money from a former employer <LI class=maintext>You cannot have been self-employed full time.
• You cannot collect from more than one state

Dave

[Travis Porter]

Fired an employee for sleeping a few years back. Terminated another for charging airplane tickets on corporate master card. Both were ineligible for unemployment. Firing for performance they would have been eligible. I think the NC rule is for misconduct so just being off a few dollars in a drawer I would not think would be misconduct but just human error.

[Gotcha6]

Isn't there a 6 week rule in NC? It's been awhile since I employed anyone here but I seem to remember if the termination was unjustifiable the employee could draw from the employee's account immediately, but a justifiable termination or quitting a job warranted a 6 week wait to draw from the general unemployment fund provided all other qualifications were met. This kept the payments from being chargd against the employer's account.