Hello again and thank you for that information. Although I would agree that what your employer did was not the best management practice and arguably unfair, they did not violate a law by not allowing you access to the statements or a chance to write a statement or rebuttal. Some states do give employees the right to access to anything in their personnel file (which this information would have to be a part of) and to write rebuttals to go into their personnel files, but Louisiana is not one of those states.
In addition, as you may know, Louisiana is an employment "at will
" state. That means that an employer may terminate an employee for any, or no, reason and with no notice or warning unless the termination
would violate an employment contract
, company policy, or employment discrimination
law. So, unless your situation falls within one of those exceptions, your employer could let you go even if the reason was misguided and unfair.
All that said, if this employer tells a prospective employer that you change this form, and that is not true, you can file a defamation of character action against them. In addition, if you need to file or unemployment benefits
, even if the employer does dispute
your eligibility based on this alleged misconduct and you are initially denied, you should file an appeal. Upon appeal, you can actually as the Hearing Office to subpoena your personnel file and the statements for you so that you can prepare for your appeal. Upon appeal, the employer carries the burden of proof to show that you did what they said you did. If they can't prove that to the Hearing Officer, you will get your UI benefits.
Please let me know if you need any clarification. I would be glad to assist you further if I can.