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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Just wanted to get some advice... In July my wife was fired

Customer Question

Hey just wanted to get some advice... In July my wife was fired from her job of 13 yrs for missing deposits that her boss had taken and than blamed on her.days latter her boss was let go theirs no proof to where the deposits went and her boss was the last one to make deposits any way now with no job and 8 months pregnant we tryed to file for unemployment . To our suprise after being investigated for the deposits and cleared of any wrong doing we get a letter from unemployment saying she doesn't qualify ( that's what we get for being honest ) this whole ordeal has put our whole life in a wreck 8 mos pregnant and now we have no insurance I can't believe that all this can be ok or even legal when h/r was called about the deposits they were going to just put her on leave till it was investigated and than they turn around and fire her without an investigation please help us
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am sorry that you find yourselves in this situation. If I may ask, why doesn't your wife qualify? What was the basis for denial?

Customer: replied 1 year ago.
Because she's pregnant she was going to work up till she delivered
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

I am not sure I follow. Was she terminated because she was pregnant, or because of these allegations? Also, is your wife now unable to work due to the pregnancy?

Customer: replied 1 year ago.
She was terminated for the deposits and now is unable to get unemployment because she's pregnant
Customer: replied 1 year ago.
Sorry I'm broke and can't afford to pay anymore I just don't know what to do
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

A pregnancy does not invalidate the ability to seek benefits. Unemployment will only stop (or not grant) benefits if your spouse is no longer able to work. So if your spouse has complications, is bed-ridden, or unable to work, then the denial is valid. Otherwise it is a violation because such a denial is discriminatory in its' basis. Agencies or employers cannot discriminate based on gender or disability if the disability does not affect work.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
What about her work is that legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Terminating someone even for a bad reason is not illegal. It is only discriminatory if it is based on factors such as her age (if she is 40 or older), gender, race, religion, national origin, creed, sexual orientation, or disability if any. beyond that, even if the underlying accusation is untrue, the termination itself is still valid and binding.

Sincerely,

Dimitry, Esq.

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