My daughter, after 7 years of faithful service was written up. She was on her day off when her boss called her. My daughter was falsely accused of inappropriate language, etc. When she came into work the next day, her boss had a write up for her to sign. This has been her only write up and she thought she would lose her job if she didn't sign it. Even though the write up said things that were untrue, she signed it anyway, fearing that she would lose her job otherwise. The catch to this is that it was over something that happened on her day off. Now, months later, she has been fired and the unemployment office will not grant her unemployment benefits. She is a single parent with two children still at home and is really struggling. Her ex-employers has a lawyer and are fighting paying her unemployment benefits. What can she do. I thought a person had to have 3 write ups.
Country relating to Question: United StatesState (if USA): New MexicoWhat have you tried so far?: She is going to appeal. She (and we) cannot afford a lawyer for this. Nothing else has been done.
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The unemployment office has denied my daughters application for Unemployment Benefits. They were very cold and when talking to her on the phone, told her that they only wanted to know if she signed the 'write up' or not. Yes, she signed it, but only because of fear that she would lose her job. The business notebook that was provided to all the employees where she was fired said that if one was written up, they would lose their job if they did not sign. I have heard that this is a lie. Can a business actually fire someone on only one write up? The day that she was actually fired, the boss was installing some glass shelves and told my daughter that the girls working in the store were going to have to start helping to pay for the broken shelves. My daughter told him that if she didn't break them, she wasn't going to pay for them. Up to this point they were just playing around and all of a sudden the male employer started getting very angry and fired her on the spot. Told her he wanted her things out of the store tonight! There are things going on that nobody working there understands. Both he & she (married) are getting more angry and ugly to work for all the time. To this day my daughter does not understand why she was fired and neither of the people would talk to her. They just wanted her out. The female owner was not there when all this was going on. My daughter called her on the phone; told her what had happened, was told to come back in tomorrow morning and everythingn would be ok. By the next morning apparently both bosses were in the same corner and they were very ugly and angry. My daughther had a lot of things there at the office and it took some time for her to get it all out. In the end both of them physically pushed her out the back door. Shoved is a better discription. We are not sure if there was a witness to this last thing. The day before when she was fired...my daughter let him know that he would be paying unemployment and he told her she better get a good lawyer because there was no way that she would ever get another penny from them. They are just being ugly and want to hurt my daughter. It's really sad and the unemployment office doesn't really seem to be on her side either. Intersting that unemployment is paid by the employer and for my daughter to receive benefits, it wouldn't hurt them at all, but they are going to make sure she doesn't get anything that would help her.
Can a business actually fire someone on only one write up?Yes,a business can fire someone with no write ups. There is no requirement in the law that an employer write someone up.She can appeal the decision to deny unemployment and ask the unemployment office to get a copy of the "business notebook" from the employer or if she still has hers she can provide a copy to them to explain why she signed the paper.In addition, she is much more likely to win on appeal than at the initial level, based on your facts. As a general rule the second line of people are better at looking at the facts and getting to the bottom of what actually happened.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Employment Law Expert
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