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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default Employer Lied About Why I Was Fired to the Unemployment Office

    My question involves defamation in the state of:Texas
    I was fired from my job and had never been written up or talked to by my ex-employer at the time of my firing I was given 2 reasons for being fired. I filed for Unemployment benefits while I searched for another job and my ex-employer gave them an entirely different reason for why they fired me. One that was completely wrong, although the reasons they fired me were also wrong. I don't understand how an employer can lie about why they fired someone 'officially' to the Unemployment Office.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,105

    Default Re: Defamation of Character / Employer Lied About Why I Was Fired to Unemployment Off

    First, there is no law prohibiting employers from lying. The UI office operates on the understanding that either the employer or the employee might be lying. That is understood from the get-go.

    Second, the possibility exists that the employer lied to YOU about why you were being termed, and told the truth to the UI office. That's been known to happen too. And it isn't illegal either.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,251

    Default Re: Employer Lied About Why I Was Fired to the Unemployment Office

    If you don't have another job yet & you are denied unemployment ins., you can appeal.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Employer Lied About Why I Was Fired to the Unemployment Office

    First, NOTHING the employer says to UC or any state agency is defamation or libel. Those torts simply do not apply.

    You have an UC dispute.

    UC is intended for people who are let go because thier position has been eliminated or othewise there is no work for them.

    If you quit or are fired, you do not generally qualify for unemployment.

    However, you can be terminated without being fired. There is a big difference.

    If you could establish your position was eliminated to save money or for lack of work or you were fired illegally due to race or age discrimination, or that they wanted to give your job to someone else who would cost them less money, then you have a good chance of collecting, and I would argue the employer is lying simply to avoid paying UC. If they were doing something illegal like not paying overtime and you complained and were then fired, that would get you UC probably.

    If they have no paperwork for disciplinary actions, etc. then they have a weak position and it is your word against theirs. It comes down to who is the most credible and gives the best presentation in the hearing.

    There are lawyers that specialize in UC claims and that might be your best bet unless you think you are going to get a new job right away. That though is not likely the case in this economy.

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