QUESTION
Can an employee really receive unemployment benefits after being terminated for falsifying his application?
Asked on Aug 29th, 2014 on Labor and Employment - Georgia
More details to this question:
I hired a person that said they could do the job and wrote a ton of stuff in thier Application oabout ther skills he possessed. He could not do one single thing that he said he could. We terminated him and he was awarded unemployment. Why?
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
The question is whether you have proof that he lied on his employment application. If you asked the correct questions about his prior experience, training etc., and he lied in response, you should win the unemployment case since this would be considered wilful misconduct. If you didn't ask the questions correctly, or if you asked the wrong questions, then they may conclude that he did the best he could do but his poor performance was not willful. If that is the finding, he collects and you lose. It's all in the questions that you ask.
Michael A. Caldwell
404-979-3154
Answered on Aug 29th, 2014 at 12:21 PM