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I was terminated for a documentation error in a patient's…

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I was terminated for...

I was terminated for a documentation error in a patient's chart. I have a letter stating my reason for termination. My former supervisor told the unemployment office that I was fired for Behavior. Do I have law suit

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

The state of Washington.

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

Union and part-time

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

I have a letter from the employment office that states I was fired for behavior and my letter from my supervisor says something different. Also I was never warned about behavior

Submitted: 7 months ago.Category: Employment Law
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Answered in 14 minutes by:
12/14/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,403
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Generally, statements made in connection with lawsuits or administrative proceedings such as unemployment benefit hearings are protected by something called "litigation privilege," which essentially means that the statements cannot give rise to separate legal claims. The reason for this law is that parties almost always disagree regarding the facts in adversarial proceedings. If each such proceeding could give rise to a new legal action, this would spur endless litigation, each party suing the other for something they said in the last proceeding.

On top of this, it is not uncommon for a termination letter to state one reason for termination but for the employer to then mention others. Termination decisions are complex and an employer is not restricted to what they claim as the reason for termination set forth in a termination letter. There could be a variety of legitimate reasons why the termination letter contained only the limited information that it did. The fact other reasons for termination were subsequently given does not necessarily mean the employer is "lying."

So, for these reasons, there would not typically be any possibility of a civil claim for damages arising from the employer's statements to the unemployment office. You would just want to explain to the unemployment office that the employer is making inconsistent statements and that the letter you were given speaks for itself. Your remedy here is to convince the unemployment office that you are correct and that the employer's new explanation for your termination should be disregarded. Technically you could report your employer to the police as perjury, but as practical matter I can tell you that these things are pretty much never actually prosecuted. I have never seen a criminal prosecution for perjury arising from an unemployment benefits hearing--ever.

I hope this helps. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

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