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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I used to work at a car dealership I left in may of this

Customer Question

I used to work at a car dealership I left in may of this year.I found out they have been taking training in my name to maintain a score high enough to keep getting cars the gm contacted me and wants me to go to a hands on class and say I still work there.I don't want to do it but I think there are trying to mess with my unemployment payments I just started receiving because I'm collecting off of there account and the owner believes uc is a waste of money and he personally fights every case.I believe he even go as far as to hire back so he can fire me so he dosen't have to pay----what to do?---Mike
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

Mike, that is a tough situation. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.

To be honest, what they are doing is fraudulent and should not be tolerated. I think you first need to notify the unemployment commission about what is going on and what you fear will be the tactic of your former employer to try to do away with or challenge your unemployment coverage. You can offer to sign a sworn statement as to what you believe to be happening. This offer will help lend credibility to your position.

If you want, thereafter, you can contact GM directly and tell them what is going on as well. I am sure they will be non to pleased about the situation. This would help protect your unemployment as well because you can show the unemployment office what you have stated to be true, if challenged.

It is a tough situation. That said, at the very least, you need to preemptively contact the unemployment officer and get ahead of the wave, so to speak, relative to him potentially challenging your unemployment payments.

I would not participate in the fraud they are perpetuating either under any circumstance. That could even result in criminal charges.

Let me know if you have any other questions or comments.

Please also rate my answer positively (three or more stars).

Best wishes going forward!

Customer: replied 1 year ago.
is there basis for a lawsuit against them?
Expert:  Delta-Lawyer replied 1 year ago.

Perhaps, based on unlawful coercion. In essence, they were threatening to take away your lawfully allowed benefits if you did not help them perpetuate a fraud. You could also try to tag a civil fraud claim in their as well in that they were using your name and training to further their business without your consent in a fraudulent manner. So, the answer is yes, you do have a potential law suit with multiple causes of action against this entity.

Expert:  Delta-Lawyer replied 1 year ago.

Just checking in to make sure you are good to go here. I want you to be as comfortable as possible as you move forward. Thanks!