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I was let go from my job but they didn’t follow disciplinary…

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I was let go from...
I was let go from my job but they didn’t follow disciplinary procedure in the employment contract, can I file for unemployment?
I’m in Alabama
Submitted: 1 month ago.Category: Employment Law
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Answered in 23 minutes by:
3/9/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 532
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I have been an attorney for 20 years. I am currently working on a response to your question and should have that to you shortly.

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Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago

Regardless of the reason for leaving your employment, you may file for unemployment benefits. During the unemployment benefit application process the relevant agency will seek to determine whether you were terminated for cause. If it is determined you were terminated for cause, you may be denied benefits. In your situation, where the issue is the employer's failure to follow its own policies, your position is, in essence, that you were fired without cause as you should have been entitled to the specified disciplinary procedure prior to any termination. Without seeing the actual employer policies, it is difficult for me to assess the full situation. Generally, in Alabama, employment is at will - meaning that either you or the employer can end the relationship at any time for any reason or no reason as long as the reason is not an unlawful one (e.g., discrimination). That said, the issuance of employee policies can, in some instances, bind the employer to following those policies. Generally, a handbook or set of policies will not alter this at will relationship, but some language can serve to create a contract binding the employer to follow the policy. Assuming the policies here did not alter your at will status, the employer was within its rights to terminate you; but if you believe - in part due to the failure to follow the policies - that the termination was without cause (there was no good reason to terminate you and you did nothing to cause your termination) you can still assert that position in furtherance of your attempt to obtain unemployment benefits. Your employer, if you file for benefits, will have the opportunity to respond to your filing by claiming your termination was for cause and you will then have an opportunity to respond to those assertions and any facts claimed at that point.

I hope this helps. If you need anything further, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

​Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Attorney Wendy, Lawyer
Category: Employment Law
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