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Employer making inflamatory untrue statements in order to deny my unemployment.

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jazzulzy

Junior Member
What is the name of your state?What is the name of your state? Texas

Good afternoon,

I just received notification that my unemployment is going to a hearing. I pretty much figured that would be the case as my previous boss is saying that my leaving was mutual. That couldn't be further from the truth. I was hired in a professional position, but was being delegated nothing but physical labor for 4 of the 6 weeks I was employed. When I let my boss know that I was unhappy, she told me that they misrepresented the job to me and that there wasn't going to be much of the work I was hired to do. That certainly wasn't what I was expecting to hear. Several days later, she approached me again (with no one around) and asked me what my problem was. I asked what she meant and she said it seemed I was still unhappy. I told her I was. After going over the same details, she said that my unhappiness was affecting others around me and that it would be best if I left as the job wasn't going to work out as they had told me when I was hired. She told me my last day was going to be that Friday. This happened on Wednesday. Wednesday evening I sent an email to the president of the non-profit. He's the one who hired me and I wanted to let him know how unfair I felt I was being treated. Needless to say the next day when I came in, she became hostile with me for contacting him. She accused me lying. I tried to defend myself, but she became more ugly, so I just went back to what I was working on. When I went to lunch several hours later, she called and told me not to come back at all. Now she is disputing my charge for unemployment, saying it was a mutual decision, which is a lie. She also stated in writing that I was insubordinate to her and was irritated when assigned tasks. This is a complete and bold face lie. I was in tears yes, but never insubordinate. She is lying. What recourse do I have?

Please advise,
Thanx!
~J in Texas
 


Beth3

Senior Member
Your recourse is to go the UC hearing and tell your side of the story. The Administrative Law Judge will decide who he or she believes.
 

jazzulzy

Junior Member
Beth,

Yes, I do intend on going to the hearing, but aside from that, this person lied regarding my behaviour. Regardless of the UC outcome, do I have any legal recourse for her statement against me? Especially if the statements affect the UC ruling?

Thanx!
 

cbg

I'm a Northern Girl
In order to successfully take any legal action against her, the burden of proof will be on you to show that she is deliberately and knowingly falsifying what she is saying, and that there is no possible way that she could have misunderstood and THOUGHT that you were looking to leave. That can be a very high standard to meet. Can you do it?
 

jazzulzy

Junior Member
Well, seeing as there were only 4 people total working there, and nothing was done in front of witnesses, I guess it's my word against hers. It's just unbelievable to me that employers can lie and cheat to get what they want. The only thing I can prove is that I was hired to do web design & bookkeeping and that I was doing nothing more than physical labor and administrative tasks (which were to be assigned to another person, per my hiring discussion). And that my unhappiness is what lead to my leaving.

What can't be proven by either of us is whether I quit or was asked to leave. My only request was to do nothing until I could speak to the president when he returned the following Monday from out of state. That's when she said it would be best if we made my last day Friday.

It's just all so frustrating and it seems that there is really nothing I can do but sit by why she lies. It's not right!! I'm out of a job that I wasn't even hired to do and I probably won't get my unemployment because the UC generally finds in favor of the employer. Or at least that's what I've been reading and hearing from others here in Texas.

Unbelievable!!!
 

cbg

I'm a Northern Girl
Y'know, my only knowledge of what went on comes from YOUR post and YOUR words. And as an unbiased observer with no dog in this hunt, I can't say for certain that she is lying. I think the possibility certainly exists that she misunderstood your intent and honestly believes that what she is saying is true that you reached a mutual decision. Obviously you know her and I don't, but if her understanding is different from yours, that is not necessarily a lie.
 

jazzulzy

Junior Member
I understand your point. However, I certainly wish you could read her statement to the UC. An exact quote;

"She (employee) said she was planning to discuss with the president her desire to decrease her hours or work for us on a contract basis. I (employer) made the suggestion that she (employee) be paid through the end of the pay period and then do contract work on as as needed basis."

One again, I told her I did not want to do anything until speaking to the president. I was not given that option. I didn't see that chaining myself to the desk was an option either. That evening, I emailed the president to tell him what had happened and how upset I was. I did not receive a reply from him, but the next day she went off on me. I tried to defend myself, but she got very angry. I sat there and took it. Later, while I was at lunch, she called and told me not to come back. Ever.

In your opinion, does this sound like I voluntarily quit?
 
S

seniorjudge

Guest
jazzulzy said:
I understand your point. However, I certainly wish you could read her statement to the UC. An exact quote;

"She (employee) said she was planning to discuss with the president her desire to decrease her hours or work for us on a contract basis. I (employer) made the suggestion that she (employee) be paid through the end of the pay period and then do contract work on as as needed basis."

One again, I told her I did not want to do anything until speaking to the president. I was not given that option. I didn't see that chaining myself to the desk was an option either. That evening, I emailed the president to tell him what had happened and how upset I was. I did not receive a reply from him, but the next day she went off on me. I tried to defend myself, but she got very angry. I sat there and took it. Later, while I was at lunch, she called and told me not to come back. Ever.

In your opinion, does this sound like I voluntarily quit?
Q: In your opinion, does this sound like I voluntarily quit?

A: "One again, I told her I did not want to do anything until speaking to the president. I was not given that option." No one had to give you options.
 

jazzulzy

Junior Member
I've faxed all the documents to a lawyer friend of mine. He said I may have recourse based on some of the employers statements. He's putting me in touch with someone who can help.

Thanks for your time!!
 
S

seniorjudge

Guest
jazzulzy said:
I've faxed all the documents to a lawyer friend of mine. He said I may have recourse based on some of the employers statements. He's putting me in touch with someone who can help.

Thanks for your time!!
Post back with results.
 

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