Posted by Sandra (Michigan)
I cashed a fraudulent check in January. The computer highlighted the check as bad and I unknowingly over rode the computer and cashed it. The only explanation I can give is that I have been under extreme stress (not job related) that caused the error. I was brought into the office and told I was on probation and that if I cashed a fraudulent check in the next 90 days, I would be fired.
It is company policy to fire an employee if they cash two fraudulent checks in a given amount of time.
A month later, I again cashed a fraudulent check. Again, the computer had highlighted the fact and I over rode the computer and unknowingly cashed the check. I was terminated immediately.
Again, I have been under extreme personal stress. I live in Michigan. Will I be able to collect unemployment?
Hi Sandra,
I am not the one that decides if you will collect unemployment. I can tell you what I think about your chances though. So let me tell you about a possible scenario that happens to people in your type of situation…a lot.
If and when you file, the state will of course notify the employer that you have done so. The employer may respond with just a statement saying you were terminated for a rule violation….no details.
Depending on what you tell the state, they may decide to allow benefits in the absence of those details from the employer (I’m referring to the documents such as warnings and rules and your acknowledgment of rules).
Employers and more to the point their unemployment service provider respond in just this manner because they know that all they have to do is appeal and get those documents in for the hearing.
In the meantime, you have been collecting unemployment. If the decision is made to reverse and disallow benefits is at the hearing (very likely in your situation if there is documentation) the state will then need to address the issue of whether you need to repay the benefits already received.
This is a real danger of collecting unemployment and is one more reason why I always stress that it is you the unemployed person who needs to be sure of your position…per the statutes.
It is very doubtful that personal stress in your life will be considered good cause for your rule violation because the rule violation definitely is harmful to the employer’s interest and they did warn you. The employer followed their own policy…per you.
The very word “overrode” implies a knowing act. And that’s what the employer will hammer on at a hearing.
Chris
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