Claimant Advocacy Case Studies: Insufficient Evidence
Our Claimant Advocacy Program helps workers in DC who have been denied an unemployment claim. This post is one part of a series of examples of how the Claimant Advocacy Program has helped past participants.
The newly hired hospital environmental services employee was responsible for removing trash and discarded delivery boxes. The hospital’s camera showed a delivery person entering the loading dock with office supplies on the day in question. Later that day, the registration supervisor, who had ordered the supplies, noticed none had been picked up or distributed.
The hospital’s camera was checked the following day and showed the employee/claimant entering the trash disposal area with boxes on his cart. The supervisor perceived the boxes as similar in size to the items delivered. Unfortunately, no one could confirm the contents of the boxes on the employee/claimant’s cart, and the claimant provided a verbal and written statement indicating that he only picked up and disposed of empty boxes from the area. Due to being on probation, the employer fired the employee/claimant without any verification that he committed theft.
The employee filed for benefits and was initially deemed qualified. The employer appealed. However, thanks to representation by a Claimant Advocacy Program attorney, the claimant prevailed at a hearing where the employer failed to present sufficient evidence of theft.
Have you been denied an unemployment claim in DC? Learn more about our Claimant Advocacy Program.