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Are yu able to answer a question about a possible illegal…

Are yu able to...

Are yu able to answer a question about a possible illegal termination and what legal steps can I take I live in Texas as a right to work state

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

I was told on the phone of my termination I was not given any written notice

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Part time hourly non union

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

I am diabetic and I have been told that is a disability’s day I filed for unemployment benefits but have been told the employer has blocked me from getting bendfits

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Answered in 5 hours by:
3/18/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,920
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information. Will you please tell me what your legal question is? Also, what did the employer tell you the reason was for your termination? Does the employer have at least 15 employees?

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Customer reply replied 3 months ago
More than 15 and he said h was asleep in the job and rude to people when I asked for the people or instances he said he was not going to tell me anything it was made up and like I said I was not written up. If he wants to fire me he can but I am entitled to collect unemployment benefits should I contact EEOC

Thank you, ***** ***** am no longer available to work on your question today or in the near future, so I will opt out and allow another Expert to assist you. They will let you know when they have an answer for you.

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Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,785
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.

I am a DIFFERENT CONTRIBUTOR as your previous contributor left.

In order for you to file a complaint with the EEOC, you would need to have evidence that the only reason you were terminated was your age/race/sex/disability/national origin and for no other reason. If you were not sleeping and did not do what was alleged, then you should file a complaint with the EEOC claiming the allegations are merely a pretext for discrimination based on your disability. See: http://www.eeoc.gov

Also, in unemployment, you will need to file an appeal and in the appeal the employer has to prove that you did the things alleged and has to present evidence. Unemployment law attorneys do not charge up front money, they charge based on benefits they win for you and they significantly increase your chances of winning if you use one.

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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Customer reply replied 3 months ago
Ok I worked an outside job and the weather was cold being diabetic I got u set my overcoat to keep me warm that probably looked like I was sleeping but I was not and then opposing my claim for benefits makes me even madder. So should I go ahead and file with EEOC and I am for sure not going to tell the employer I am filing. Am I making a mountain out of a molehill.

Thank you for your reply.

You should not tell the employer you are filing, you should file. You also need to appeal any denial of unemployment benefits.

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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Customer reply replied 3 months ago
Ok can’t do anything since it is Monday. If EEOC finds in my favor what happens rhen

Thank you for your reply.

If the EEOC finds in your favor and cannot resolve the issue with the employer, then you would get a right to sue letter and you can sue the employer for discrimination based on your disability, in addition to pursuing your unemployment claim, which you need to pursue on appeal even if you file your EEOC complaint.

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Customer reply replied 3 months ago
Ok thx I would never go back to work for them but hopefully EEOC can fine them big time and I will file an appeal with TWC tomorrow Any other tips yu cAn give me

Thank you for your reply.

The best tip is for your appeal on unemployment, use a local unemployment attorney it SIGNIFICANTLY increases your chances of winning and does not cost you money up front.

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.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,785
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
I did yu were great thx I need to look for a lWyer

Thank you.

You can get a local unemployment attorney at the same site used by other attorneys http://www.hg.org

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