What should I do if my former boss lied to unemployment about my dishcarge and now I have a phone hearing next

Question

How do I handle my former boss's lying to unemployment when I am trying to get my money for being laid off. How do I handle him telling them I was "let go" for misconduct which is not true.

Answer 1

Call up unemployment and ask for a copy of the employers response before the hearing takes place so you can see exactly what they put down as the reason. If the reason stated is you were let go for misconduct then be prepared to ask them what the misconduct was and what policy/procedure did you violate. Be prepared to give the administrative law person (who overseas the hearing) any facts that you have, did you get a notice of lay off? Who was the person who notified you that you were being laid off? What exactly did they say to you during the meeting?

An employer is not required to give you verbal warnings and written warnings to let someone go. Employment at will states that you can leave a job and they can terminated your employment with or without notice. It would be illegal if they let you go because you are a woman/man, your religion, sexual preference or any of the protected classes.

Answer 2

Tell the u.c. people what really happened, and that the "misconduct" isn't true.

You can be fired without warning for misconduct, but he should have some evidence that it really happened or you are likely to be found eligible for unemployment comp.

Answer 3

If you simply tell the truth at the hearing you should have no problems. If the boss is saying you were " let go " for misconduct then he needs to have given you at least one verbal and two written warnings for the same offense all documented in your file in order to have fired you. if you got no warnings then you should be able to collect unless it was for some gross misconduct ie. stealing or sexual harrassment or fighting with another employee.this also depends on how long you were employed by him. if you were still on a probationary period or the first three months usually you can be let go if they feel you are not up to their standards. even then you may still be able to collect. Just be honest and dont try to trash the boss at the hearing just tell your side of the story honestly.Good luck!