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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5734
Experience:  Exclusively practice labor and employment law.
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I was fired by Home Depot and have been denied unemployment

Customer Question

I was fired by Home Depot and have been denied unemployment for Colorado based on innacurate information provided to the state by Home Depot. Subsequently, I have also been denied a job because Home Depot refused to return a phone call to verify previous employment. I worked for the company for 4 1/2 years and feel I have been treated very badly. Can you help?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

With regard to the denial of unemployment, your only ecourse in that regard is to follow the appeals process - you have the right to appeal internally to the division of unemployment insurance, where you can get a hearing and present your evidence contrary to the employer's statement, and then to the Industrial Claims Appeal Office. Finally you can appeal that decision to the court of appeals. Thus the denial is not final and you have several rights in that regard - you can follow the procedures stated here:

With regard to them not returning a reference call - to make a case for that would be very difficult and your case would probably be dismissed in short time. You'd have to show that the manager at Home Depot who did this, did it with a purpose to harm your ability to get a position at the new place of employment. In other words, you'd have to show he had the intent to deprive you of the position and didn't provide the reference to ensure you wouldn't get the position. That's a tough burden of proof because you have to show what that maanger was essentially thinking - and he can just as easily deny that he did it with any purpose to harm you.

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Expert:  John replied 1 year ago.

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