Proving that the HR representative actually lied or submitted false information to the UC bureau with respect to another employee's application for benefits may be difficult. You will not have access to that other employee's application paperwork, and I am sure that the HR rep is going to deny lying or providing false information. Also, I doubt that the other employee is going to admit that the HR rep provided false information with respect to his/her application for benefits b/c that would jeopardize his/her benefits, as well.
If you could prove that your employer treated 2 similarly situated employees differently with respect to enforcement of the same work rule, then you may be able to get around the employer's argument that you were terminated for willful misconduct.
Michael J. Davey, Esquire
Eckell, Sparks, Levy, Auerbach, Monte,
Sloane, Matthews & Auslander, P.C.
344 West Front Street
Media, PA 19063
(610) 565-3700 x 271
mdavey@eckellsparks.com
You can contact me on Skype @: mjdavey957
www.paemploymentlaw.blogspot.com
www.eckellsparks.com
Answered on Sep 20th, 2012 at 8:25 AM