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Dismissal on falsified misconduct. Filed for unemployment…

Customer Question
Dismissal on falsified misconduct ...

Dismissal on falsified misconduct

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes, filed for unemployment won, but now they are appealing for misconducted without any disciplinary forms

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

employment at will- full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Employer has history of creating false documentation to use against employees I have proof of one of the letters they created for a former employer

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 minute by:
10/30/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 8 months ago
how do I challenge an employers falsification on misconduct, no evidence was found on my file?
Disciplinary actions are not followed by employers manual.
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

I see what you mean.

This appears to be a case of fraudulent misrepresentation if the employer is alleging that you broke a rule and uses it as grounds to either terminate you, demote you, dock your pay, or otherwise take negative employment action against you. Basically, fraudulent misrepresentation is one someone intentionally makes material statement or makes a material omission that induces someone else to enter into an agreement. The other party can also be held liable for negligent misrepresentation if they state a fact that induces the other party to enter into an agreement without having reasonably checked on the accuracy of their statements. A fraudulent or negligent misrepresentation can lead to the rescindment of a contract in addition to a payment of damages to the other party who was misled.

This also appears to be a classic breach of contract if they are not following the employee manual when it comes to discipline. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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