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I was terminated due to my involvement in a workplace physical…

I was terminated due to...
I was terminated due to my involvement in a workplace physical altercation. I was termed on Monday and the other party was termed on Friday after I submitted an unemployment claim and the DOL contacted the employer. I did not hit nor attack this woman. I restrained her from hitting me. I am the only one who ended up with wounds. I feared walking away and the work environment was such that in the moment I was only thinking of protecting myself. However, I understand that if there is any physical contact both employees must be termed.

Here's my dilemma: I am being told that I will be listed on the state database as unemployable and that I will be listed on a retailers internal database as unemployable throughout the entire country. This will cause me economic hardship if I can't get a job.

What can I do? Do I need to legally dispute this, to have my record cleared? Where do I go to get this legal assistance? Do I need to complete a program to get my record cleared?

I have no prior history of violence in the workplace or criminally.
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Answered in 7 minutes by:
6/25/2010
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
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I would first file a police report against the other employee. You will need to retain a local employment law attorney to contest the employer's decision to indicate you as not rehirable. If they are not willing to change the information, the attorney may need to obtain an order enjoining them from interfering with your job search.

 

 

Best regards XXXXX XXXXX

Tina

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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified
Tina and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 8 years ago
How do I find an attorney like this and if I'm unemployed how would I afford this type of representation? Can you file the order yourself?

We cannot represent customers through this website, but you could look for an experienced paralegal to assist you if you cannot afford an attorney.

 

Good luck and take care.

 

 

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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