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If you get let go from a job in which you gave it your all but they were not happy and let you go. Then when it comes time for the unemployment hearing they lie so you will not get benefits (Basically they are trying to say you wanted to get fired, because if you did your best you get UI), and you get denied and have to appeal which leaves you will know money for months. Can you take legal action against your former company for not being honest? I would think yes? Sorry did not see a legal advice forum section to post this.
You can sue for anything. The real question is would you win? No. Reason: if you couldn't prove the employer was lying at your UI hearing, you'll fail to prove it in court. You'd probably even be barred by collateral estoppel from relitigating a matter that was already covered in another forum for the same thing.
You can sue for anything. The real question is would you win? No. Reason: if you couldn't prove the employer was lying at your UI hearing, you'll fail to prove it in court. You'd probably even be barred by collateral estoppel from relitigating a matter that was already covered in another forum for the same thing.
I was under the impression if my phone hearing is denied and I have to appeal I would be able to find out what my job said about me that got my denied and having to appeal. People need to be able to take action and stand up for themselves against companies that constantly lie in order to not have to pay UI.
I was under the impression if my phone hearing is denied and I have to appeal I would be able to find out what my job said about me that got my denied and having to appeal. People need to be able to take action and stand up for themselves against companies that constantly lie in order to not have to pay UI.
You are correct. You can find out what your employer said by reviewing your file at the office hearing your appeal right before the appeal hearing (usually 15 minutes)-but they may also let you see the file as soon as they receive your file. You'll have to call the designated appeal's office to find out.
However, you can also write or call EDD and have them send you a copy of the phone interviewer's findings without filing an appeal. I did that once. It won't be detailed but it will give you the interviewers notes of what your employer said when they called him as well as what you said and why they determined you ineligible.
I was under the impression if my phone hearing is denied and I have to appeal I would be able to find out what my job said about me that got my denied and having to appeal. People need to be able to take action and stand up for themselves against companies that constantly lie in order to not have to pay UI.
Yes, you have the right to sue yourt employer for damages. BUT, you need to meet the requirments.
1. Can you prove by the evidence that what they say was false?
2. Can you prove that they knew the information was false?
3. Can you show damages from their action?
1 is the basic that you can prove it was false. 2 is required becasue everyone can make a mistake based on bad information so you need to not only show it was false, but they knew it was false yet still claimed it as truth. 3 is where you will stumble since as Chyvan stated, they will argue some estopple. Since you have not finished the unemployment process, you do not know if you will prevail.
Yes, you have the right to sue yourt employer for damages. BUT, you need to meet the requirments.
1. Can you prove by the evidence that what they say was false?
2. Can you prove that they knew the information was false?
3. Can you show damages from their action?
1 is the basic that you can prove it was false. 2 is required becasue everyone can make a mistake based on bad information so you need to not only show it was false, but they knew it was false yet still claimed it as truth. 3 is where you will stumble since as Chyvan stated, they will argue some estopple. Since you have not finished the unemployment process, you do not know if you will prevail.
That makes sense. I am sure I can prove they lied if I get what was said in the hearing. I still have not found out if I have to appeal as it is still listed as pended on my claim status. My call was only 4 business days ago so.
Like I said in the other thread, you haven't had a hearing. If you had, you would have heard with your own ears what your employer said, under oath. If you couldn't prove it a lie then, you won't get an opportunity to prove it is a lie in court.
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