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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 15813
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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Good Morning, Heres my story in a nutshell. I was a

Resolved Question:

Good Morning,

Here's my story in a nutshell.

I was a Network Administrator for a Credit Union, very loved and appreciated by everyone except Management and HR ( Everyone was also not appreciated by them ). In the middle of an IT audit I was patching the CEO PC with Windows Updates and found an external portable hard drive that belong to the server room, mind you we outsourced the networking part of IT with another vendor. I knew exactly what the content of that Hard Drive was ( The Whole company's email - NOT ENCRYPTED) That office remains opened and sometimes is closed. So the day I was patching the PC I grabbed the drive took it to my office and locked it. The CEO after 10 days had no idea the drive was not next to his foot. The drive was not connected to a USB port and it was laying down on a rug ( It could have been fried due to electrostatic ) So after 10 days, the CEO did not even know the drive was missing, that information was very private, confidential and had encrypted consumer data!He fired me because I took that drive for personal use. Not true. Those OLD PST files were pulled for him to find dirt on previous CEO's and Employees. He is now the Interim CEO, he was the Chairman of the BOD and he happens to be a lawyer. I'm pretty sure HR pressure him to fire me. Once they were giving me that last 2 checks and vacation, the also accused me of Sexual harrassment ( not true ). Right now thet owe me 6 weeks of unemployment, so I appealed... and waiting for August 8, 2013,
What do you think, what are my chances here? I'm from Boston, MA
Submitted: 1 year ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 1 year ago.

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

This is an unfortunate situation,

WALLSTREETLAW :

you can only be denied unemployment if you were terminated for cause or misconduct,

WALLSTREETLAW :

under the law in Mass, the employer has the burden to prove such allegations,

WALLSTREETLAW :

what you will have to do at this point is to show that you did not violate any written policy,

WALLSTREETLAW :

and that what you were terminated for was for other reasons,

Customer:

Right, I have to see the employee manual hoping they didn't change anything

WALLSTREETLAW :

Also, consider threatening the employer with a defamation lawsuit, if they are making false statements about your work history,

WALLSTREETLAW :

You should also retain an attorney to represent you during the hearings,

WALLSTREETLAW :

and attorney can force the employer to provide employment files, and other evidence that may help you in this case,

Customer:

The thing is that they have to prove I access that drive, which they cannot prove just because is really hard and is not proven science, is very inconsistent

WALLSTREETLAW :

you need to mention this,

WALLSTREETLAW :

and force them to provide evidence,

Customer:

Right! Let me ask you , the work environment was hostile. People were underpaid, they had to work extra hours, not enough people to cover branches, not hiring competent managers, and the BOD taking over the Credit Union sitting on a pile of money. The Chairman is not the interim CEO, and he is also a lawyer

Customer:

For my appeal I was told I could subpoena people. How many people can I subpoena and what if people don't want to participate?

WALLSTREETLAW :

You can ask co workers to testify on your behalf, there is no limit,

WALLSTREETLAW :

if they do not want to cooperate, they would be in violation of the Order, and can be held in contempt,

WALLSTREETLAW :

You can ask for the hr officer, or even CEO

Customer:

The HR manager accused me of Sexually harassing someone. Obviously it was a lie so I couldn't collect. Funny thing she was fired on Sexual Harrasment for harassing employees ( touching them and padding them )

Customer:

Those people are very nice and dear to me, and I just want to make sure that they don't lose their jobs for speaking the truth.

WALLSTREETLAW :

Her employment files can be requested if she is no longer there as well

Customer:

Now, Can I request them, or a Lawyer has to be the one requesting those docs

WALLSTREETLAW :

you can do this,

Customer:

Excellent! Now since the guy who fired me is a Lawyer, do you think I should get one?

WALLSTREETLAW :

it would be best to hire an attorney for these hearings,

Customer:

And the last question! I was disqualified under the general laws of Chapter 151A Section25(e)(2)? How bad is this?

WALLSTREETLAW :

that is the law on misconduct,

WALLSTREETLAW :

the employer is claiming you were terminated for cause, which is serious, however they have the burden to prove it.

Customer:

I see. Good point. Very good!

Thank you so much! I guess If I have any other questions I'll let you know!

WALLSTREETLAW :

G.L. c. 151A, § 25(e)(2), provides in pertinent part, as follows:
No waiting period shall be allowed and no benefits shall be paid to an individual
under this chapter for . . . the period of unemployment next ensuing . . . after the
individual has left work . . . (2) by discharge shown to the satisfaction of the
commissioner by substantial and credible evidence to be attributable to deliberate
misconduct in wilful disregard of the employing unit’s interest, or to a knowing
violation of a reasonable and uniformly enforced rule or policy of the employer,
provided that such violation is not shown to be as a result of the employee’s
incompetence . . .

WALLSTREETLAW :

You can read previous court cases to help you,

WALLSTREETLAW :

good luck,

Customer:

Thank you!!!!!!!!!

WALLSTREETLAW :

The above are links to court cases,

WALLSTREETLAW :

If you have any further questions please do not hesitate to ask.

Customer:

Thanks!!! I appreciate it!

WALLSTREETLAW :

If satisfied with our service please provide us with positive feedback, thank you

WALLSTREETLAW :

thank you

Customer:

I will!

WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 15813
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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