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Old 05-17-2019, 02:13 PM
 
20,521 posts, read 16,599,446 times
Reputation: 38519

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Quote:
Originally Posted by Dawter View Post
On my UI Notice of Determination it states that my company said I "was discharged for failure to comply with policies of the Employer."

It goes on to say, "Evidence is insufficient to establish that (my) alleged actions were a violation of a duty or obligation reasonably owed the employer as a condition of Employment."

I'm assuming since my former employer couldn't come up with the "policy" that I violated that's why I was granted UI.

The boss called me and said that since I violated the company policy they are terminating me.

I asked the big guy to show me the policy that's he's referring to but he cut me off. He said it doesn't matter who's right or wrong, you violated the "policy."

I couldn't have violated any policy because no such policy exists. Not even in hearsay. No documents, nothing.

I have it all documented. Do I have some kind of case against my former employer?
Most every state if not every state is “at will” employment, meaning they don’t need any reason to fire anyone. Unless you’re union or you have hefty documentation that they’ve been trying to get rid of you because you’re in a pryptected class (minority, disability, old, gay, etc) you don’t have anything.
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Old 05-17-2019, 02:26 PM
 
9,778 posts, read 16,962,550 times
Reputation: 18389
Unless you think you were terminated because you are a member of a protected class, or you were fired in violation of your contract, not much you can do.
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Old 05-17-2019, 02:49 PM
 
9,249 posts, read 11,799,248 times
Reputation: 14509
You will have a case if the so called company violation was because of your disability or use of disability leave and is a violation of state disability labor laws or federal FMLA. However, all this is meaningless now that you went and blabbed to unemployment about issues related to being Able and Available as well as limiting your work search. Instead of wasting time on some questionable action against the employer, figure out how your going to save yourself from being cut off from unemployment benefits ( and possible have an over payment and penalty) due to your own mistakes.
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Old 05-17-2019, 03:49 PM
 
Location: Kansas City
726 posts, read 927,600 times
Reputation: 602
Okay. Thanks everyone.
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Old 05-17-2019, 08:01 PM
 
6,176 posts, read 2,849,330 times
Reputation: 15649
Op:
Ignore the persons who presume diligently that "at will" means you are automatically unable to collect benefits., . Two separate issues.

Unsure if you are inquiring if a civil case can be formulated due to the inadequate documentation of your employer. You may need to consult with an attorney if so.
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Old 05-17-2019, 08:28 PM
 
2,387 posts, read 683,329 times
Reputation: 3374
OK, let's say you have a case.

How much damages were done?

Is that amount worth hiring a lawyer over, who will not take this on contingency or a percentage and will just charge you an hourly fee?
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Old 06-29-2019, 10:26 AM
 
1,102 posts, read 582,419 times
Reputation: 1965
Quote:
Originally Posted by Dawter View Post
Okay. Thanks everyone.
OP, did you sue? I'm just wondering the outcome of your situation.
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Old 06-29-2019, 12:01 PM
 
528 posts, read 616,303 times
Reputation: 779
Waste of time. Move on.
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