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Question

A former employer reported to the NYS Department of Labor that I was terminated for "Falsifying data in a technical document", a charge that I deny. The employer's assertion may result in denial of my unemployment benefits and dispersal of this inaccurate information to potential employers and others. This could potentially end my career. Do I have any legal recourse?

Submitted: 306 days and 14 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

Rochester, New York

Already Tried:
I completed a form sent to me by the department of labor indicating that I did not knowingly or willfully violate any company policy.

I also sent a letter to the human resources department denying the charges and requesting that they retract the injurious phrase from the NYS Dept of Labor.

Posted by INFOLAWYER 306 days and 14 hours ago.

Answer

When you file for unemployment and the employer contests it there will be a hearing. At the hearing the employer will have the burden of proving this allegation and if it cannot do so it will fail and you will get your benefits. In the future, you can have a lawyer send a letter than any false information provided to third parties will result in litigation.

306 days and 13 hours ago.

Reply

They've already provided false information to a third party (Dept of Labor). Is litigation an option? Will the NYS Dept of Labor communicate this information to potential employers (if the former employer does not retract it) or do their privacy policies prevent this?

Accepted Answer

The department of labor will not disclose to third parties and this happens sometimes. The forum for it now is to oppose the accusations with the department of labor, not by outside litigation.

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Expert: INFOLAWYER
Pos. Feedback: 95.4 %
Accepts: 
Answered: 1/20/2009

Lawyer

Licensed attorney helping employers and employees with their legal questions

306 days and 13 hours ago.

Reply

Thank you very much.

Posted by INFOLAWYER 306 days and 13 hours ago.

Answer

You are very welcome and good luck.

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