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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50522
Experience:  Licensed attorney helping employers and employees.
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I was fired from my place of employment after 12 years for

Resolved Question:

I was fired from my place of employment after 12 years for lying on my application when I had to reapply for a different job, and when I first applied 12 years ago. I said I had graduated from high school. I was totally shocked when I contacted the school for my transcript (I lost my diploma years ago) and it showed I was a half credit short in order to graduate. I had taken an extra class to make this up before graduation. I walked and also received my diploma in the mail. My parents and friends were witness to this. After several phone calls and person to person meetings with the school they finally agreed I did graduate. They said they would correct the transcript to show this but it would take several months to get this done as they were busy with current students and there issues. My place of employment said I had two (2) weeks to show proof of graduating. I had a copy of the transcript so I changed it to show I graduated since I knew the school would be sending my employer one with the updated changes. A week later I received a letter from the school stating they could not legally change the transcript. I was then fired and whenever a potential employer would call for employment verification they were told I was fired do to lying on my first application, recent application and falsifying the transcript. I cannot get unemployment and with them telling potential employers why they fired me, makes me unemployable. I received awards and bonuses for my work performance. My question is this: I know I graduated and I never knowingly lied about that. Can I appeal the denial of unemployment and win.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Infolawyer replied 11 months ago.
Hello, you may prevail on appeal. The termination is without cause where reason for termination is not performance related and corrected. Note also that burden of proof is on employer. Be sure to highlight your long tenure and strong performance during that tenure. Good luck. I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
Customer: replied 11 months ago.


I was unable to get it corrected, I am still dealing with the school district concerning the half credit issue. Will this impact the out come of my appeal with the unemployment issue. Can I do anything about how my past employer is responding to potential employers when they ask for employment verification?

Expert:  Infolawyer replied 11 months ago.
It should not affect your appeal given it is such a minor technical matter.

Most employers will confirm employment without comment. If employer won't do so a lawyer call can help accomplish that.

martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.
Customer: replied 11 months ago.


Just so I am clear on this, the fact that I changed my copy of the transcript to reflect I did graduate won't impact my appeal.

Expert:  Infolawyer replied 11 months ago.
In the overall picture, and the agreement to correct it and based on your long tenure at the position and lack of misconduct during performance, benefits should be allowed on appeal. It is not 100% but you have a solid basis to pursue the appeal if you stress those points.
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50522
Experience: Licensed attorney helping employers and employees.
Infolawyer and 4 other Employment Law Specialists are ready to help you

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