Can Employer Change The Reason For Termination

[wrightone]

Can an employer change his reason for termination after the fact? Can he give one reason to Unemployment Insurance or Workmans Compensation Board and another to someone else? Do they HAVE to provide 'the reason' to you in writing?

[cbg]

Yes, he can change the reason for the termination because no law says he can't. But you are free to make the unemployment office and/or workers comp commission the reasons you were originally given.

There is no state where the employer is required to give you the reason for the termination, in writing or at all, at the time of termination. However, there are a few states where, upon your written request, they are required to provide a "service letter" which includes, among other information, the reason for the termination.

What state are you in?

[Betty3]

It seems per poster's other thread state is Hawaii (other thread, 1st post at bottom).

My reference does not indicate Hawaii has to provide a termination/service letter.

[BOR]

Can an employer change his reason for termination after the fact? Can he give one reason to Unemployment Insurance or Workmans Compensation Board and another to someone else? Do they HAVE to provide 'the reason' to you in writing?

That's a sticky question, but I have a different opinion. If you mean can an employer, who terminated you without cause and has reason to believe you will now collect unemployment due to thier unjust reason, change thier minds and fabricate a reason now to make it appear to be a just termination?

That is illegal.

Say you were discharged lawfully for being 5 minutes late and were told this, can they now swear by affidavit and say you were fired for being 15 minutes late? Still no.

An employer is required to provide the exact reason you were discharged. Of course proving they told you one thing and declaring another shifts the burden to you.

An answer to an unemployment claim is by sworn declaration, so any untruthfulness is defacto prohibited. HOWEVER, as stated, proving such is as burdensome as a lawsuit and stating a cause of action.

I base my reasoning on the fact that YOU are NOT permitted to lie to obtain benefits, which is by affidavit, so in turn I see no legal reason for an employer to be able to simply because it would NOT defacto alter any possible award?

I base my answer on the fact a response/anwer by an employer to an UI claim is proffered by affidavit, so if the affiant is lying, that is perjury, IMO.

[wrightone]

(sorry about leaving off location folks )

Is it possible to get a copy of their affidavit on appeal?
In appeal process they are under oath...correct?

(TY you all very much for what you do here.)

[BOR]

(sorry about leaving off location folks )

Is it possible to get a copy of their affidavit on appeal?
In appeal process they are under oath...correct?

(TY you all very much for what you do here.)

If an administrative appeal has been filed after denial of benefits, yes, you are entitled to ALL thier papers that were filed with the agency.

Yes, any statement they make, oral or written is under oath.

It was mentioned you are fom HI, the online statutes are hard to sift through. Pay a visit to any library that has them, look in the index for the applicable chapter (s) and read up.

p.s. you are welcome.