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Wrongly accused for misconduct at work. How can I still collect unemployment?
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Wrongly accused for misconduct at work. How can I still collect unemployment?

Hey everyone,

I was recently laid off my job along with 5 other people. We were given no papers etc. about our termination. They just said they were downsizing for the new year and asked us not to come back. I applied for unemployment and the unemployment agency said that they would have to further investigate my case before the place where I use to work now says that I was fired for misconduct. The CEO is known to do this. There were other people who use to work for the company that got laid off and were given some BS excuse so they would not get unemployment. Do I have a chance?

*I have an email btw me and the hr dept. where I asked when my papers would come and they said they weren't giving me any papers. They would file when they got something from unemployment.

* There was another fellow in the dept that was fired with me and we both were not told that we would be let go due to misconduct. they said it was downsizing.

*I never received anything in writing that said I would be fired because of misconduct.

*I have coworkers there that could speak on my behalf and speak about my professionalism at all times there.

*If the CEO is known to do this, is there a complaint I can file against them with the unemployment dept. of my state?


Generally, employers are expected to document issues with employees that require acknowledgment from the employee. Usually verbal warning that you sign you received, written warning, followed by termination. That is unless something happened that was so horrible you were dismissed on the spot. Since you were forced into appeal, tell them you were told it was a lay-off and give the names of the other people who were told the same thing. They will have unemployment claims from these people and can verify the story.

Tell them the "misconduct" is news to you, and ask them what the employer says the exact nature of the misconduct was. And having that email is a good thing. Hang onto it and use it. You should qualify for unemployment. They just need to filter through the he said/she said junk. If you have contact information for the other people, let them know what's going on and make sure everyone has the same story.

Another thing you might consider is libel. Now, most people who go claim such a thing weren't because there is a test for damages. Given that what your employer says about misconduct is not true, and it is resulting in loss--your employment benefits--I'd certainly bring it up.

take em to court

Rudas Jabbi
Wrongful dismissal

Apply for unemployment and tell them the entire story. if you get denied, appeal. you will most likely win.

Get all of the people that were also kicked out to start a protest outside the office!

It depends on the state you live in.
I would challenge this, they probably won't show up to fight you.

sjc has it...

sue for wrongful dismissal... see how much they like having to prove you were given fair warning.

Tio Paco
Filing an appeal is the only recourse you have. File immediately, as you have only a few days to appeal your case.
The Employment Development Department, can do nothing about the CEO's firing tactics, But the Better Business Bureau can. So can the Corporate Offices, but chances are, they are the ones that told him to do it in the first place.
In order to trim costs, not only must you down size, but you must also prevent expenditures going out from unemployment insurance benefits.
Some companies make money helping their employees (like Ben and Jerry's) but others, sadly, make money by screwing everybody, even their own.

Shawn M
If you can get people together file a class action law suit against the company. If the CEO is indeed 'known' to do this, he's breaking the law.

Yes. File a complaint. Bring all the records you have on your time with the company and any witnesses that will give you something in writing about your case and that they are willing to testify in your behalf. I have heard of this before. Make sure that they are made to pay for back pay and any legal fees you encurr including mileage on your car postage, copy fees, and lost time.

find an employment law firm in your area and sue. My uncle is an employment lawyer and I hear about his cases all the time. You have a great case that should be heard and you would probably force the your ex-employer to settle with you for quite a bit of money, based on your salary. Don't wait too long and good luck!

Atticus Finch
You can file an appeal with the unemployment folks and then you will get a hearing. If the hearing fails, you can request arbitration, if that fails get an attorney and when you file make sure that the business pays his fees and not have them deducted from your settlement. Good luck.

Yes you can. Also if you can get a hold of any of the others that got the same line of garbage together you might have a case of wrongful termination. It is something that will take for ever but if you all stick together aI think maybe you could come out ahead and maybe stop the CEO from doing this anymore. If you can contact them have the unemployment office understand that this was no only done to you but others and let them investigate from there. The can go back and look at past records of any company and see what if any complaints were made by others before you. As far as a law suit you never know until you try. It may cost a little or if your really in a bind check and see if there is a legal aid office where you live. They should be able to tell you if you have a case. Good Luck.

In the state of viriginia, if you are denied, and you disagree with that decision, you can file an appeal. Here is a faq https://www.vec.virginia.gov/vecportal/appeals/FAQ.asp. This only applies to the state of Virginia, so please check with your state to see what their rules and regulations are. Good Luck!

Rima m

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