My former employer is appealing my unemployment claim, even though I was laid off. They claim that they offered me a job, which they have no proof of. This is a very tedious process to go through, and I want to sue them for mis-information and wasting my time. Do I have a case?
2006-07-12 10:27:52 · 5 answers · asked by Kevin 3 in Business & Finance ➔ Careers & Employment
My company was bought by another company. The new company decided to eliminate my position. I do not have a lawyer at the time. Do you suggest that I get one and sue for legal fees?
2006-07-12 10:41:57 · update #1
You may not have the right to sue until you have exhausted the appeals process. If you win, perhaps not. If you lose, you may have a claim based on their misrepresentation.
2006-07-12 10:33:14 · answer #1 · answered by aboukir200 5 · 0⤊ 0⤋
Not until you win your appeal, and even then only if you can prove they never offered you a job, since the burden of proof will be on you if you sue. If they clearly had no grounds for appealing, you may be able to ask for the costs and legal fees for the appeal. You do have a lawyer?
2006-07-12 10:34:09 · answer #2 · answered by thylawyer 7 · 0⤊ 0⤋
When you were laid off, you should have been paid severence pay, in addition to the last payccheck and given walking papers signed and dated by you and the company. When the Employment Dept. investigates, they will both ask the former employer and you questions regarding your claim. Send copies of the paperwork, copy of your severence check and last paycheck and answer EDD's questions as honestly as you can. It happened to me and got my claim approved, so good luck to you. Don't think of a lawsuit for now, take it one step at a time.
2006-07-12 11:54:13 · answer #3 · answered by virtualyfunny 4 · 0⤊ 0⤋
They all try to do this but if the reason you were lade off of legitimate statue in your state regarding collecting unemployment. why were you laid off
no you'll just have to go through it like the rest of us. and Fk your past employeer cheap fk you give your time he gives you the boot
2006-07-12 10:32:14 · answer #4 · answered by TpT 3 · 0⤊ 0⤋
NO CASE, the Labor Department is your best avenue, and they always side with the employer. Complain to them anyway, hope you kept meticulous records, keep them, you'll need them.
Sometimes it comes down to who has the best records with these Labor Dept. case workers.
2006-07-12 10:49:51 · answer #5 · answered by The Advocate 4 · 0⤊ 0⤋