• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

pmcd

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

pmcd1515

Guest
What is the name of your state?massachusetts.
i was fired from my job in august. before i was terminated i was told to just wait, so i applied for unemployment. after about 6-8 weeks i received unemployment after i had to tell my side to a moderator.they agreed i should receive unemployment. the company i worked for appealed this decision and i had to go to a hearing. my question is: if the unemployment moderator AGAIN finds that i deserve to continue receiving unemployment, would this prove that i was wrongfully terminated? For if i do still receive unemployment, that would mean that the company i worked for, had no proof of my violation.therefore had no right to fire me--is this right?
 


cbg

I'm a Northern Girl
Not even remotely.

I don't know how so many people got the idea that UC is determining whether a termination was LEGAL. That is not their purpose and they are not charged with determining anything of the kind. Whether you do or do not receive UC has NOTHING to do with whether or not you were wrongfully terminated. Plenty of people who were not wrongfully terminated are receiving UC benefits. Likely, there are probably some who were wrongfully terminated who are NOT receiving UC benefits. There is no connection between the two.

The DET (or whatever we're calling it these days) is not looking to see whether or not you actually committed the violation or whether or not there is any proof of it. They are looking to see if you were terminated for a reason that does or does not disqualify you for benefits. Period. Nothing more and nothing less.

MA is an at-will state. (So is every other state except Montana, and even Montana follows the at-will doctrine in some limited circumstances.) In an at-will state, you can quit at any time and for any reason, and you can be fired at any time and for any reason that does not specifically violate the law.

It does NOT violate the law for your employer to fire you if they believe you have committed some infraction, even if they are 100% wrong. They don't have to have grounds to fire you. They can fire you because you cheer for the Yankees and your boss is a Red Sox fan. They can fire you because they don't like the way you part your hair. They can fire you because they don't like the color of your shirt. And all of those would be legal terminations; you would not have a case for wrongful termination if you were fired for any of them. But you WOULD get UC if you were fired for any of these reasons.

Based on what is in your post, you do not have a case for wrongful termination regardless of whether you receive UC benefits or not.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top