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Termination

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sebas

Junior Member
What is the name of your state? Utah

I worked for a company for 6 years I was the team lead of a department overseeing 12 -15 people.
Last december I went on vacation for a month (this had been approved a year in advance). The day I returned to work I was called in to the HR office and was told that after I left an employee was looking for something and was unable to find some documents so they looked in the shreader containers(shreaded weekly by an outside vendor) and found many documents that had not been processed, since thise were found they searched my desk and say they found more. and some dated back to September.

So I was let go right then because they said that I was responsable for those.
I went to the unemployment office and was given the unemployment benefits. Know the company has made an apeal and I have a hearing with a judge.

Let me say that I did not throw anything out and that I know I had no unfinished work at my desk as I was leaving for a month and would never do that.
Know I feel that I am going into this hearing without a chance as they have a legal person and hr manager and others, and I am just me.

I was never given the chance to research this or anything.


does anyone have any ideas or thoughts about this

thank you
 


Beth3

Senior Member
If you did not engage in the misconduct you are accused of, then your termination was very unfortunate but it was not unlawful.

Since the employer is the appellant, the monkey is on their backs at the hearing to demonstrate to the Administrative Law Judge that you engaged in the misconduct of which they accused you. In other words, you don't have to prove you didn't do anything wrong, they had to prove you did and that you did so willfully. By the way, even if the ALJ rules in your favor, it will not mean that your employer acted wrongfully. It will only mean that they didn't establish that you engaged in willful misconduct.

Good luck.
 

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