Connected to the above question/answer has one's rights been violated if they conducted a meeting regarding one self and you were not invited to defend yourself and group asking why I was not in attendance, and accusations against me were not followed up by director in charge to find out who was telling the truth or not and if accusations were true or false?
I am at this point just gathering informtion from what has been offered to me before my appeal hearing at end of month
Hello and welcome,I have reviewed the previous question and answer thread with regard to your unemployment claim.The employer did not provide an opportunity to defend yourself?Do they have a policy that should permit you to do so, that they may have violated?In which state were you working?
I am working in the state of NM. I was employed by Indian Gaming Casino, Release statement that I signed was I was terminated due "not conducting myself in a professional manner" but when I received final statement from meeting that was conducted to my understanding was based on statements made from this meeting that was conducted. By procedure/policy based on what I signed I should have been released immediatley but was not released for at least one month after the incident occured and I was never made aware of meeting for director to make final decision. Group stated that if I stayed employed by the casino group would not return to participate in any gaming and/or activities associated with my dismissal.
I see.Thank you for the additional information, Margaret.Indian reservations operate under their own sovereign laws typically, so I cannot address any laws they may have that relate to this situation.However, the general rule under NM state law is that an employer or employee may terminate the employment relationship at any time without good cause and without notice. There is also no requirement of due process, requiring an employer to provide employees with opportunities to defend themselves normally, unless there is a contract or policy to that effect, which does not appear to be the case here.While it appears something was strange about the termination since they permitted you to continue working even after they discovered what they characterized as a terminable offense by you, that would typically indicate the incident was not very severe and you could be entitled to unemployment benefits, but it would not normally give rise to a cause of action for wrongful termination or other legal claim against the employer I'm afraid. It certainly is unfair, but it does not appear to be unlawful.
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