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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32720
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Customer Question

my ex got fired after 13 yrs she went on uneployment taco fought it and my ex won how do's she get the fired of her record ?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Lawyer Lori replied 2 years ago.

Lawyer Lori :

Do you mean how does she get it off of her personnel record at the company? I'm assuming that what she won was her appeal of the unemployment denial - is that right?

Customer :

yes your correct


 

Lawyer Lori :

Truthfully, I am not sure if she can get this off her personnel record. On future applications, common sense (at least to an attorney) says that she needs to list this as 'laid-off' but note that the company claimed that you were fired to avoid paying unemployment.

Lawyer Lori :

I'm going to OPT OUT and open this to other employment experts to get their take, so hang on and someone should be with you soon.

Customer :

thank you

Customer :

i will wait for a email thank you

Expert:  Tina replied 2 years ago.
Hello and welcome,

The only way to compel the employer to modify your ex's termination status normally would be through a court order by seeking a declaratory judgment.

If she retains an attorney, they could communicate a demand to the employer or litigation will follow, or seek to have the employer enter into a confidentiality agreement whereby information related to her employment will not be released to third parties.

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Tina, Attorney
Satisfied Customers: 32720
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
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JD, 17 years experience & recognized by ABA for excellence in employment law.