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  1. #1
    Join Date
    Nov 2007
    Posts
    10

    Default Can You Sue if Your Employer Fires You Based on a False Conclusion of Misconduct

    I am currently on paid leave from a large NJ company due to an inconsistency in documents being reviewed by our internal QA audit group. The documents in question were requested by our QA group in the beginning of September of this year. After the paper work was turned over to the QA group, an outside government agency began an inspection of the facility. The agency requested to review the same documents that the QA group previously requested. I was asked to obtain these documents. I did so, and as I was gathering them from the QA group auditor, it was suggested that I place the documents in a binder for better appearance. I did as the auditor suggested and then delivered the documents to the agency inspectors.
    After the agency completed the inspection, the project documents were returned to the QA group auditor in oder to complete the internal audit. I know this is long but all relevant. Apparently, when the documents were first collected by the QA group, a copy of the documents was made for training purposes. When the originals were returned after the agency inspection, my signature was now on the bottom of pages that were not on the copies made for the training. It is being considered that while I had the documents in my possession, I signed and back dated the originals. This is not the case. During my interview about the above, I failed to ask if the QA group dates the copies as to when they were made. If the QA group did not document when those copies were made can they fire me for back dating? I do not have proof that I did not backdate and I have no proof that I signed on the day they are dated.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Wrongful Termination

    Since you can legally be fired for any reason that does not specifically violate the law, yes, if they believe that you backdated the forms, they can legally fire you for it, even if they are mistaken.

    The likelihood is, however, that you would still qualify for unemployment.

  3. #3
    Join Date
    Nov 2007
    Posts
    10

    Default Re: Wrongful Termination

    So, with this in hand....would it best for me to resign or be fired? I understand that if I am fired then this would need to be communicated to prospective employers, thus making it more difficult to be hired. If I resign, should the company offer me a severance package?

  4. #4
    panther10758 Guest

    Default Re: Wrongful Termination

    If you resign you forfiet any unemployment you might seek

  5. #5
    Join Date
    Nov 2007
    Posts
    10

    Default Re: Wrongful Termination

    I am not familiar with NJ unemployment regulations. If the resignation is under duress, is that something that can be considered in order for me to collect unemployment? I am torn between the two. Resign - no unemployment -vs- terminated and have a tougher time getting hired. I do however understand that this would not be considered a Wrongful Termination - I apologize for the mistitle.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Wrongful Termination

    In 47 out of 50 states, including NJ, an employer is never obligated by law to offer a severance package, and even in the other three states it would not be mandatory in these circumstances. Severance is never required and rarely offered in case of a resignation.

    In most states (I'm not 100% certain of NJ) if the company offers you a resign-or-be-fired option that generally counts as a firing for unemployment purposes, with a few exceptions, no matter which option you choose. But if you quit in anticipation of being fired before the company offers you such an option, that is generally grounds for disqualification.

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