wrongful termination

[windyleigh]

What is the name of your state? georgia


a few months ago i was fired from a job i had worked at for over a year. the reasons given were i was late for work several times without notifying my employer, and that i did not do my job satisfactorily. if these accusations were true i would have let the matter go and moved on, they weren't. after a long period of going trough the labor board the decision was reversed three times. the original verdict said there was just cause, then a hearing officer found in my favor, and recently they reversed the decision again. said i had had written and verbal warnings and was aware that my job could be in jeopardy. the truth is i was never given a written or verbal warning, and was not aware that my job was in jeopardy until the day i was fired. if my "signature" is on any such warnings it would be a forgery.

i would like to know if there is anyway i could see these documents and ai there is any legal action i could take.

 

[Beth3]

You need to explain what you're referring to regarding the labor board - unemployment benfits perhaps?

If that's the case, the ONLY matter at issue was whether you were terminated for a reason that would allow you to receive UC benefits. I lost track of whether they ultimately ruled you are or aren't eligible but even if you are, that does not remotely mean that your employer did anything unlawful in terminating you or provide you with any basis to challenge their decision. Any disciplinary actions your employer claimed to have on file I expect would have been presented at the UC hearing as evidence and you would have received a copy. Since that didn't happen, apparently there are none.

If you're talking about something else, please post back and clarify.

 

[windyleigh]

as regarding the labor board i did file unemployment , but was originally denide any benefits. in december, after the decision was overturned i was mailed a check, but they have since changed their minds again. if i was in the wrong why did they mail me a check any way? does it not count for anything that my former employee lied and had a "witness" lied under oath? when we had our hearing. the dates i was supposely very late could probably be found in the police records because the two mornings i was a few minutes late i was late because i had been pulled over for speeding and the only time i was very late the power was out and i don't wakeup at 4:00 am on my own. they siad i was very late more than once which is pure fiction. it couldn't possibly be lawful for to lie under oath and she says she does have those papers though they were never submitted.

 

[Beth3]

"if i was in the wrong why did they mail me a check any way?" Because that's just the way the system works sometimes. At some point, they found you eligible, issued a check, and then the decision was overturned. The UC Division doesn't withhold payment because a decision *might* be challenged.

"the dates i was supposely very late could probably be found in the police records" If you had evidence to counter your employer's claim that you were very late on those occasions, it was YOUR responsiblity to present it at the hearing. I don't know that it would have mattered much though as "very late" is a subjective term, not a factual one, and it's the fact that you were late AT ALL that's relevant.

"it couldn't possibly be lawful for to lie under oath" No, it's not but if everyone who perjured themselves at a UC hearing were prosecuted, I can tell you that 90% of all the ex-employees I've sat on the other side of the table from at a hearing would be in jail. In any case, it sounds like much of this is no more than a matter of opinion - late vs. very late. That just isn't legally relevant.

"she says she does have those papers though they were never submitted." Then the administrative law judge would have totally discounted her statement that prior disciplinary action exists. If she didn't bring copies of those in, then they will not be factored into the decision.