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I have a claims examiner interview today at 10:00 am. And…

Second opinion] yes i...

Second opinion] yes i have a claims examiner interview today at 10:00 am

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

And the reason is for being separated for misconduct in connection with my work

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

I work full time and i wasn't given a reason its do to the new officer manager not likeing me we were friends one point in time she's been office manager a little over a year

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

She is using her positioning as her leverage and i have proof where she would cut my other co-worker hours because she didn't like the i have it in from of text like i mention we where real good friends before she became office manager about a good year now

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Customer reply replied 4 months ago
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Answered in 3 hours by:
3/7/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,925
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for your post, however, I am unclear as to what your legal question is and the relevant facts are that are directly related to that question. Can you clarify that for me?

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Customer reply replied 4 months ago
my unemployment has been stop because my employer is trying to denied me unemployment benefits because they say I was fired for misconduct which is not true
Customer reply replied 4 months ago
Also me and the office manager where friends one point in time once she got her position to office manager about a year ago she’s been using her position as a leverage

Okay, thank you, ***** ***** still need to know what your question is and also the facts that go with it. Did your employer tell you why they terminated you at the time that they did it?

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Customer reply replied 4 months ago
No they didn’t he said do to the at will law he didn’t have to give me a reason I was working with my employer for 5 yrs and know all of a sudden me and the new office manager had a down fall and there trying to use anything to prevent me from getting my unemployment and not to mention she just became a office manager about a year in a half ago
Customer reply replied 4 months ago
I never had any issues with the prior office manager with retired and like I mentioned I was employed with the company 5yrs

Thank you for your reply. I still don't see where you asked a question, but in the interest of time, I will assume you are asking what you need to do in this case in term of your UI benefits. You will, of course, want to appeal the denial of benefits. Upon appeal your employer will carry the burden of proof to show that they terminated you for cause.

Based solely on what you have said, they will have a difficult time doing so, especially since your boss specifically invoked the "at will" rule which means they can terminate for no reason and he didn't give you a "cause" reason at the time.

That is what you need to focus on in your appeal. In other words, what your employer told you at the time of termination and also the fact that you did not do anything wrong.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Ok thank you

You're very welcome.

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,925
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
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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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