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Is it Wrongful Termination if You're Awarded Unemployment

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  • 06-24-2013, 11:22 AM
    LPalmer
    Is it Wrongful Termination if You're Awarded Unemployment
    It was alleged that I cussed at and threatened a customer while employed by a trucking company who then terminated me. I filed for unemployment, and my state denied me as my previous employer claimed misconduct. I appealed, and the employer had nothing to back up their claims except an email from an office in another city that was generalized and didn't state any specific allegations, so the judge considered it hearsay and my sworn testimony took more weight over theirs, and ruled that there was no misconduct nor did I breach any duty owed to the employer

    The issue I'm having is they refuse to correct their entry in my DAC report, which is kind of like a credit report for the trucking industry, and it falls under the FCRA. Most companies rely solely on this report and don't consider what the driver has to say

    How can I go about getting this corrected?
  • 06-24-2013, 11:51 AM
    cbg
    Re: Unemployment Appeal Judge Ruled in My Favor
    The ruling that you are eligible for unemployment benefits does NOT mandate that your employer change their records.
  • 06-24-2013, 12:17 PM
    LPalmer
    Re: Unemployment Appeal Judge Ruled in My Favor
    They were unable to prove there was any misconduct. Isn't there any way this could be used in my favor? The unemployment department saw that I did not violate any company policy
  • 06-24-2013, 01:03 PM
    cbg
    Re: Unemployment Appeal Judge Ruled in My Favor
    It was the opinion of the UI commission that the employer did not prove his case sufficiently to warrant denying your unemployment. However, while the UI commission has the authority to grant you unemployment over the wishes of the employer, they do not have the authority to force the employer to change their records.
  • 06-24-2013, 03:22 PM
    LPalmer
    Re: Unemployment Appeal Judge Ruled in My Favor
    I wasn't asking if the UI board could 'force' them to change their record- where does it say that I thought they can? It doesn't. I was asking how I could use their decision. The employer admitted to the judge that they have no proof of the allegations
  • 06-24-2013, 04:16 PM
    cbg
    Re: Unemployment Appeal Judge Ruled in My Favor
    And the answer is, You can't.
  • 06-24-2013, 05:00 PM
    LPalmer
    Re: Unemployment Appeal Judge Ruled in My Favor
    I don't believe that. Somewhere there has to be a way. It is them admitting that they have nothing to back up their false allegations. Do you know anything about the trucking industry or about DAC reports?
  • 06-24-2013, 05:09 PM
    cbg
    Re: Unemployment Appeal Judge Ruled in My Favor
    Admitting they do not have evidence is not the same thing as admitting the allegations are false.

    Feel free to pay an attorney to tell you the same thing, if it will make you feel better.
  • 06-24-2013, 05:32 PM
    Disagreeable
    Re: Is it Wrongful Termination if You're Awarded Unemployment
    You can dispute the entry through USCIS. They are required to follow up with the company to verify the entry. Even if they determine cause for the entry exists, you are entitled to refute the statement. Depending on your former employer, they may have already destroyed any credibility they have in the industry making claims.
  • 06-24-2013, 05:40 PM
    LPalmer
    Re: Unemployment Appeal Judge Ruled in My Favor
    DAC is a semi-public posting that is disparaging toward drivers and unfairly preventing lots of drivers from obtaining employment. A company doesn't have to provide any proof, such as witness statements, of allegations when reporting to DAC/Hireright. They also report accidents that never happened. I have a witness statement that says I did not use profanity or threaten anyone
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