Employment Law

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I have a question about unemployment benefits and EEOC

I have a question...

I have a question about unemployment benefits and EEOC procedures

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

Yes

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

At will

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

I filed a charge with EEOC and I was terminated 5 days after EEOC contacted employer

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Answered in 4 minutes by:
1/5/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,531
Experience: Significant experience in all areas of employment law.
Verified

Good evening and welcome. I am very sorry to hear that you were let go. What specifically are your questions? I very much look forward to helping you on this matter.

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Customer reply replied 7 months ago
I was terminated without reason or prior warning 5 days after EEOC contacted employer for position statement. They have denied my unemployment benefits bc they say I was a no call no show even though I informed HR the previous day of my appointment. This visit was supposed to be covered under FMLA. The employer is now saying FMLA was not approved bc it was “forged”. I have an upcoming appeal hearing with Workforce and don’t know how to handle this situation. I have several documents proving I did not forge anything and have discharge papers from my hospital stay.

Thank you very much. However I think I am still unclear as to what your specific questions are. Can you please clarify what you are asking?

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Customer reply replied 7 months ago
What can I do to prove my case to the workforce commission and bring to the attention of the commission that the company has lied about their reason to terminate. They have also lied to EEOC. I have paperwork to back everything up but am unclear as to how I’m supposed to present it.
Customer reply replied 7 months ago
Can I sue them for lying about the reason they terminated me ? And does it help my case with the workforce that they terminated me so soon after they were contacted by EEOC?

Thank you.

So at the EEOC stage there is no specific required format. You just wan to present everything in writing in a coherent and understandable way. Your objective is to prove that your employer terminated you because you filed an EEOC claim and because you sought protected leave under the FMLA. You prove this circumstantially by showing that you were let go shortly after presenting your FMLA leave request and filing your EEOC complaint. You also show this by pointing out how your employer's stated reason for termination is fabricated and untrue (i.e. you would present whatever proof you have that you informed your employer of your absence, and that your FMLA paperwork was not "forged" in any way).

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Can I sue them for lying about the reason they terminated me ?

Not for the lie itself. But rather, the lie helps you prove that you were terminated out of retaliation and not due to some legitimate performance-related reason.

And does it help my case with the workforce that they terminated me so soon after they were contacted by EEOC?

Yes, absolutely. The temporal proximity of your termination and EEOC complaint help you make the circumstantial argument that you were terminated in retaliation for filing with the EEOC.

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Customer reply replied 7 months ago
one last question... I filled out only my name, the doctors name, her phone number and dates I was hospitalized on the FMLA paperwork but my Dr initialed where I filled out, and then she also sent another copy with exactly the same information in her own handwriting. Is that considered forging even though I didn’t fill out anything major and my doctors also send them the same form with everything filled out by her?

" Is that considered forging even though I didn’t fill out anything major and my doctors also send them the same form with everything filled out by her?"

Definitely not. Forgery is when you alter or fabricate a document for the purpose of deception. Here there was clearly no deception, both because the doctor initialed what you personally filled out, and because the doctor sent another copy with all the information in her own handwriting.

Again if there is anything more I can do for you just let me know. It's my pleasure....

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Customer reply replied 7 months ago
If I win this appeal with the workforce commission will it help the EEOC investigation?

No, they are separate agencies and do not consider the rulings the other makes. Plus the are evaluating different things.

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Customer reply replied 7 months ago
Ok. Thank you so much for your help.

You are very welcome. I'm glad I could be of assistance and wish you the best in resolving this matter!

If I have answered your questions, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Best,

Patrick

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Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,531
Experience: Significant experience in all areas of employment law.
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Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 7 months ago
I’m still here. I’m trying to figure out how to rate you.

Thank you, ***** ***** it just went through. I appreciate your rating and, again, wish you the best of luck here.

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