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I was just denied unemployment for misconduct. I had no idea…

Customer Question
I was just denied...

I was just denied unemployment for misconduct. I had no idea i was let go for misconduct as the employer only told me "things were not working out" . I never received the state separation notice and found out the cause when the unemployment office called me. What rights do I have to get the informations surrounding the cause for termination ahead of time or do I have to wait to an appeal hearing to get that information?

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

Louisiana

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?

The unemployoment office indicated it was for breech of duties something to do with confidentiality as an HR person.

Submitted: 4 months ago.Category: Employment Law
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Customer reply replied 4 months ago
I am full time
Answered in 7 minutes by:
3/14/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,965
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Employment in LA is deemed to be at will, which means the employer can terminate an employee for no reason at all or for any reason not based only on the age/race/sex/disability/national origin of the employee.

If the employer claims misconduct or gross misconduct, it must be directly related to your employment in order to deny your unemployment benefits. So, just because the employer claims misconduct, they have to prove such misconduct in an appeal.

You should file an appeal if there was no such misconduct and you should use a local attorney, because it significantly increases your chances of winning your benefits and the unemployment attorneys get a small percentage of the benefits they win for you and do not seek up front pay.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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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