uNEMPLOYMENT/DISCRIMINATION

[sALLYANNE]

What is the name of your state (only U.S. law)? ny

I WAS TERMINATED AND HAVE BEEN RECEIVING UNEMPLOYMENT SINCE APRIL. I HAD ALSO BEEN A VICTIM OF RACIAL HARASSMENT. I FILED A CHARGE WITH BOTH HUMAN RIGHTS AND EEOC. THE FORMER EMPLOYER NOW CLAIMS I WAS TERMINATED FOR MISCONDUCT AND GOOD CAUSE. THAT IS NOT WHAT IS STATED ON THE TERMINATION LETTER I WAS GIVEN. CAN THE FORMER EMPLOYER GO BACK NOW TO UNEMPLOYMENT AND FIGHT IT? IF SO IS THERE A STATUE OF LIMITATIONS? THEY ARE ALSO CLAIMING SUB STANDARD WORK PERFORMANCE ALTHOUGH I WAS THERE FOR 2 YEARS AND RECEIVED SATISFACTORY REVIEWS AND BONUSES. I DID RECEIVE A COUPLE OF WRITE UPS WHEN I COMPLAINED ABOUT THE RACIAL ISSUE.

 

[ecmst12]

Don't post in all caps.

Yes, they can try to fight it, but it doesn't sound like they have much chance of winning.

 

[commentator]

In April, when you filed your claim for benefits, or maybe March, if it took a while... you filed, and then your statement was taken. The employer was contacted,and their statement about the reason you were discharged was taken. Then an initial decision was issued. At that time, each of you, you and the employer were told whether the claim was approved or denied, and that that if you disagreed with this decision, you had 15 days to file and request an appeal of this decision.

If you were approved in the initial decision and your employer did not file a timely appeal of this decision, you don't have anything to worry about. Whatever they may be telling EEOC, it has no bearing on your unemployment insurance. The two agencies do not 'cross decision' or share information with each other. If you were to receive a settlement, you would have to report it, and it probably will nt affect your unemployment insurance at all.