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I quit a management position last June and the employer has…

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I quit a management position...
I quit a management position last June and the employer has accused me of stealing but I was not charge with anything. Since then I applied for unemployment but became ill and missed the hearing. The employer stated first I quit and should not be entitled to benefits, then he sent paperwork in to the employment office claiming I stole documents from them. Part of my job was watching these budget for insurance renewal. I did not use any of their documents for personal gain nor did I sign a no compete clause. Do I have a case? To sue this employer and if so I need a lawyer? I have kept all copies of everything.
Submitted: 8 years ago.Category: Employment Law
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Answered in 9 minutes by:
6/10/2010
Employment Lawyer: socrateaser, Lawyer replied 8 years ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,158
Experience: Retired
Verified

Ordinarily, you would have a case for defamation of character. However, under the unemployment compensation (UI) laws, no evidence in the record of a UI case can be used in any other legal proceeding.

 

Thus, unless you can show that the former employer made these allegations to some third party outside of the scope of the UI hearing, you cannot make your case, because you can't introduce the necessary evidence against the former employer.

 

Hope this helps.

 

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Customer reply replied 8 years ago
They sent copies to me plus the unemployment office, does this make a difference?
Employment Lawyer: socrateaser, Lawyer replied 8 years ago

Unfortunately, no. You're not a third party. The employer would have had to have sent copies of the documents to someone like a prospective employer. However, if the documents sent were identical to those that were provided in the UI hearing, then those documents would sill be inadmissible in any other legal action.

 

Sorry, I know this is terribly frustrating, and a lot of people have complained about it over the years, for the same reason as yours, and for other reasons, such as the inability to hold the employer responsible for its sworn statements in other legal actions (especially related to unlawful discrimination).

 

But, I can't change the law. Every U.S. jurisdiction has the same UI provision, so apparently all of the state legislatures think it's a good idea in general.

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