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Letter from Dept of Labor? |
I was recently fired from my job. I was fired because some people where stealing and because I know this people and I was at work the day they got caught. My employer fired me saying that I had knowledge of them stealing when I did not have konwledge of this. I filed for unemployment benefits. I received my benefits and another letter with it. This letter I am not sure of. It says that from the facts that has been presented to them from both me and my former employer, that I was preforming the duties that I was hired to do and the facts show that I did not fail to follow employer's rules, orders or instructions? Im wondering if because of this letter I have bases for a lawsuit? It was a large company that has operations in several cities and countries. I do live in at will state but was told by the company that "they would not fire someone without proof". You may depending on the laws in your state. Basically it says you were not terminated for misconduct. I'd say consult with an atty. It's free and cant hurt. Well, you could sue for wrongful termination. It depends a lot on the laws where you live. What the Labor Dept. is saying is that they can't find you personally did anything wrong, so they're paying you unemployment...doesn't mean your employer wouldn't be able to win over a jury or labor commissioner on the issue, though. Very interesting. I guess it depends on where you worked and what kind of work rules you had and if you had a union agreement the covered your employment. The employer has to follow his or her own rules, so if there is anything in the work rules about progressive discipline and a process for removing (firing) an employee--notice, opportunity to respond, opportunity to request a third party hearing (arbitration). If you were an "at will" employee, I think the employer can let you go without any real reason. Now the award of unemployment compensation when you were fired certainly makes you wonder if you don't have a case. Why don't you call the Equal Employment Opportunity Commission (EEOC) office in your area and just see what they have to say. Maybe they can give you a referral. Good luck. It's devastating to be fired, especially unjustifiably. They way you present your side, you got caught up in the boss cleaning house when you actually were innocent. See if you can research the unemployment compensation that covers you--your state, whatever. A lawsuit for what? It depends on the state you live in. If you work in an "at will" employment state, you boss can fire you at any time for any reason (assuming of course that it isn't discrimination -- fired because of your age, gender, race, etc.). |
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