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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 92760
Experience:  20+ Years of Employment Law Experience
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MY UNEMPLOYMENT IS BEING CONTESTED. I have been on it for 12

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MY UNEMPLOYMENT IS BEING CONTESTED. I have been on it for 12 weeks now and I get papers from a lawyer saying they are contesting my unemployment. I got fired becuase I sent a western union transaction at my truck stop job and because it was over there 3000.00 daily send limit and the one customer had 2 send identities. I did not know there was a 3000.00 send limit. They only used this as an excuse to fire me because I weigh 610lbs and it was starting to bother my job abilities. I did all my duties I was supposed to, but they wanted more.
Submitted: 5 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 years ago.
Well, if they can prove misconduct related to the job, then you would be denied the unemployment, so you would have to prove there was no misconduct or you were never informed of the rules that you were accused of violating. As far as your weight, since you would likely be considered morbidly obese and I am sure it impairs a major life function, you could possibly be covered under the Americans with Disabilities Act and you could allege you were terminated based upon your disability. I would suggest you not only get an attorney to fight the unemployment appeal, since if you are successful there is a good chance that they will award you attorneys fees as part of your award, but you should also file a complaint with the state commission on human/civil rights and the EEOC for discrimination under the ADA.


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Customer: replied 5 years ago.
They are not gunna admit they fired me because of my weight. How would an attorney fight that. One time I was on the job and my boss said he was afraid I was gunna drop dead on the job and That cost would hit his botXXXXX XXXXXne.And many many more. I have no witnesses of any of this.. Do you have any suggestions on a lawyer I can get up hear. I have already called an lawyer for my attempt at SSI SSD and they denied to take my case. any suggestions on how to get a good lawyer to take what would be such a small case
Expert:  Law Educator, Esq. replied 5 years ago.
There is never a smoking gun, so to speak, in these cases. The cases are build off of circumstantial evidence, comments that are made. As far as finding a lawyer, the best place to find one is by going to http://www.martindale.com and looking for both a SS lawyer and an employment lawyer in your area and also call the state bar and ask about the lawyers in your area who can assist.

It really is not a small case if you can prove discrimination based upon your medical condition under the ADA. Additionally, attorneys to handle unemployment cases and SS cases generally will collect their fees from the agency or the employer so you should not have that hard of a time getting someone to represent you.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 92760
Experience: 20+ Years of Employment Law Experience
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Law Educator, Esq.
Law Educator, Esq.
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