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I had worked in a nationwide retailer for 8 years as a sales associate, I was fired a month ago because the lost and prevention manager open a case against me after I bought and returned a shirt, he claims that I returned something else; 2 or 3 weeks before I was fired I was called by the mentioned manager and he accused me that the shirt I returned was completely different from what I bought; he showed me a very old shirt with a tag on it, saying that I put the tag of the shirt. I told him; I do not recognize this shirt. I returned what I bought. the cashier didn't have any doubt about the shirt I was returning and gave me the money back. the purchase was made on my store credit card and with my associate discount. after over an hour of accusations he also mentioned; I have you on video, to what I answer; I expect to be on video when I am in the store... he asked me to write a statement about what happen, in which I wrote; I bought a shirt of this specific brand and I return it because I didn't need it. after that he told me that he was going to open a case with the corporate and sent me back to work at my department, after 3 weeks I was called by the store manager, who showed me a document saying I was fired for violation of policy by the Corporate, he wanted me to sign a statement but I refuse.
I applied for unemployment benefits and I was denied, when I had the phone interview with a gentleman from unemployment office, he mentioned to me that the company claims the item I returned was different from what I bought, he asked me if I had seen the video, to what I answer, no I haven't seen the video because I know that everybody who buys and return is on video, I have my receipts, one with the purchase and the other one with the return.
I am schedule for an appeal on September 4, I requested the "incriminating video" to be available for viewing. any advices will be greatly appreciated.
First off, you don't have to prove that you didn't do something. The employer has to prove that you did.
Because you asked for the incriminating video, I believe that you didn't do anything wrong at the store, but you shouldn't have done that. You're never to ask for evidence that might hurt you. That's the employer's job: to bring incriminating evidence. That way if they don't, you can have a field day at your hearing. Now, what I'm worried about is that the employer is going to bring in a grainy video, say that's you, and then you'll have trouble.
Also, the video will probably only show what you returned, and not what you bought. Since that is a real possibility, you need to jump on that at your hearing. Say, "hey, you say that's me returning something, why don't you have the video of me buying it so we can see if it's the same shirt."
This is winnable. The deputy that made the initial decision didn't see the video either. You didn't sign anything that sounds like an admission. Whether the video shows to the hearing or not, since the employer used it's existence for why they fired you, that is where you hang your hat. Where is this video that proves you say what I did.
I'm happy for you, but I'm sad. The deputy that denied you without seeing the video for himself needs to be reported. These unnecessary appeals, have to stop.
I guess the state doesn't want to pay Unemployment Compensation either.
I don't see other reason to the high rate initial denials.
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