I have worked for my com for 3.5 years and I made one mistake and I was fired. And to make matters worse unemployment is not helping me. I am in the process of losing everything. I am a single mom with a three year old son and need money quick can anyone help me please
2006-10-17 06:20:12 · 12 answers · asked by djfinger2002 1 in Politics & Government ➔ Law & Ethics
Go to your local Legal Aid and get help filing a grievance against unemployment agency.
2006-10-17 06:30:59 · answer #1 · answered by hq3 6 · 0⤊ 0⤋
That depends on if you live in an At-Will Employment state.
At-will employment is an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:
[ . . . ] any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.
Several exceptions to the doctrine exist.
Although at-will employment allows an employee to quit for no reason, the rule that either party can terminate the relationship is most often invoked when an employer wants to fire an employee at any time. However, there are limitations upon the employer's ability to terminate without reason. As a means of downsizing, say closing an unprofitable factory, a company may fire employees en masse.
Forty-three U.S. states recognize public policy as an exception to the at-will rule. Under the public policy exception, an employer may not fire an employee if it would violate the state's public policy or a state or federal statute.
Can you sue them for firing you? Maybe. Can you litigate over their denial of your unemployment benefits? Probably. Although there should be an appeal process to fight their decision to deny you benefits.
2006-10-17 13:36:05 · answer #2 · answered by ? 5 · 0⤊ 0⤋
It depends on what your "mistake" was and was it detrimental to the company? One mistake, if it was a big one, could be a good reason for them firing you...you left out the details. However if it did not create a hardship or loss for the company it may have been unwarranted and you may have a case...you need to consult with an attorney...most will do it free and take a portion of your compensation if they feel you have a good enough case. This however will not get you "quick" cash...the proceedings in the law suit will take substantial time...you are going to have to find another job as soon as possible to get you and your son back on your feet....good luck.
2006-10-17 13:30:50 · answer #3 · answered by Stacy H 3 · 0⤊ 0⤋
It depends on their termination policies. Find out if there is a procedure they are supposed to follow regarding misconduct (i.e. a specific progression they are supposed to follow - verbal warning, written warning, suspension, termination or something similar). If they did not follow the correct procedures, then you can sue the hell out of them, but start by speaking with the human resources dept or rep. They will want to avoid a lawsuit.
Even just pushing the issue with a supervisor or supervisor's supervisor may cause them to cave (even changing the official term. reason to downsizing will help you with unemployment). In the meantime, get a job flipping burgers, anything if you can. It may be possible you have a case against them, but they CAN fire you for doing one thing wrong. Check into the proper termination procedures in that company. If they did screw up, you want backpay to the date of your term, even though you didn't work.
2006-10-17 13:31:29 · answer #4 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
Doubtfull. I was also fired for making one mistake once upon a time, it is still within their rights to terminate you as long as they are not discriminating against you. But I dont know the whole story, so maybe you have a case, find out their policy if you can???? If you are in a dire financial twist I would recommend seeking public assistance. I know many people abuse it and people tend to look down on most people on it, but think of all those taxes you have paid for programs such as that , if you need it, take advantage of it.
2006-10-17 13:42:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it depends wot ur mistake was, but if u been workin for 3.5 yrs and hve a perfect record den this was jus plain stupid, u can ask the council to help u with this and may be get ur old job bck or look for a new one
2006-10-17 13:48:18 · answer #6 · answered by Anonymous · 0⤊ 0⤋
What was the mistake?? for you to get unemployment then the fired was legal.
2006-10-17 14:29:42 · answer #7 · answered by alfonso 5 · 0⤊ 0⤋
Your son's dad might be of assistance at this time. Try and see what he can help with.
2006-10-17 13:50:56 · answer #8 · answered by Nels 7 · 0⤊ 0⤋
"well", it isn't "fair" because you are fully capable of getting a job but the government will still cut you a check
2006-10-17 14:00:01 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I think in America you can sue even yourself.
2006-10-17 13:28:18 · answer #10 · answered by Rodger G 2 · 0⤊ 0⤋