QUESTION

What happens when hr lies for someone so they can collect unemployment but then denies another person unemployment for the same situation?

Asked on Sep 19th, 2012 on Workers Compensation - Pennsylvania
More details to this question:
Two employees failed a drug test but hr and the one employee who also worked in hr are best friends. The employee who failed the test in the hr department was granted unemployment while the other employee who worked in production was denied.
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1 ANSWER

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

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