Vindictive Employer Appealing UI

[John10636]

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

Lawyer recommendation needed...

My former employee made up some trumped up things to have me fired. The Unemployment Office after hearing both sides ruled in my favor. I think they realized just how irrational the employer was in their actions - their main reason was because I was late to a meeting. The employer has now appealed. Today I obtained the records from the UI office, and it is shocking what the CEO told them above and beyond that.

I had planned a wrongful termination suit, and now am thinking some sort of defamation as well. Can what is written on an UI claim be used in another court? Their statements could support my wrongful termination suit.

The UI hearing to my knowledge is taped. Can I use this info as well?

Thanks!
J.

 

[Proserpina]

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

Lawyer recommendation needed...

My former employee made up some trumped up things to have me fired. The Unemployment Office after hearing both sides ruled in my favor. I think they realized just how irrational the employer was in their actions - their main reason was because I was late to a meeting. The employer has now appealed. Today I obtained the records from the UI office, and it is shocking what the CEO told them above and beyond that.

I had planned a wrongful termination suit, and now am thinking some sort of defamation as well. Can what is written on an UI claim be used in another court? Their statements could support my wrongful termination suit.

The UI hearing to my knowledge is taped. Can I use this info as well?

Thanks!
J.

They can fire you for being late to a meeting.

(and we don't do referrals - sorry!)

 

[John10636]

Others late, missing...

another person was late, another missing; neither fired.

 

[Proserpina]

another person was late, another missing; neither fired.

...and they don't have to treat everyone the same way.

 

[las365]

Can what is written on an UI claim be used in another court?... The UI hearing to my knowledge is taped. Can I use this info as well?

The short answer to your question is that the documents and testimony submitted in the UI process may be admissible as evidence.

If you would care to get opinions on whether you have a valid wrongful termination claim, you can post about what you think the real reason was that you were fired. Hint: if it isn't because of your race, gender, age (over 40), disability, religion, national origin, other protected characteristic, or in retaliation for filing a workers comp claim or an EEOC claim or some other protected activity, you are probably out of luck.

 

[Proserpina]

What happened that made you want to file a defamation suit?

(who said what, and when, and was it an opinion or a deliberate statement of facts?)

 

[John10636]

The short answer to your question is that the documents and testimony submitted in the UI process may be admissible as evidence.

Thanks! This is good to know!

Given the crazy nature of what the employer said, I really do not want to state that here. Basically they took a kitchen sink approach hoping something would stick. Fortunately, the UI officer was able to see through this. I expect more mudslinging from them at the hearing. At some point the employer should be held accountable for this, and so a defamation lawsuit is in the wings depending on how the UI appeal goes.

 

[eerelations]

I definitely don't see grounds for a wrongful termination suit here. The only way you could have grounds for a wrongful termination suit is if you were fired specifically for things like your race, gender, religion, age (if you're over 40), or disability and so on...and you haven't said anything that would indicate that you were fired for any of these reasons.

 

[cbg]

Remember that it is possible to be legally fired and still get UI. Being granted UI benefits does NOT mean that you have a wrongful termination claim.