Can I Sue My Employer For Unfair Treatment
Youve watched people of the same or lesser experience get promoted while you stay in the same position. You always get the weekend shift while your colleagues get the weekend off. You got fired because your boss had to let someone go and she liked you least. There are countless examples of actions at work you might consider unfair. But does that mean you have a legal claim against your employer? Unfair treatment at work can be demoralizing, but not all acts you might consider unfair or inequitable are actually grounds for a lawsuit. In todays posting, well talk about some of the common types of unfair treatment at work that can lead to a lawsuit against your employer.
You Probably Need More Friendsheres How To Make Them
2. Call the appropriate STATE legislator that represents you. They verify you live in their district, so be sure to reach out to the appropriate congressperson. Emails seem to take longer to get a response, so calling is faster as members of State Legislatures have people answering their phones.
3. Tell them your problem with unemployment and ask for their help. The congressmens office will have a designated person inside their office who handles unemployment issues. That person will tell you that they can connect to unemployment on your behalf and that they have been assigned a real person at the unemployment office to work with. They get you info, and then they work their magic. Youll find that they either fix the problem or get someone who can fix it at unemployment to call you. Give them a number you will answer. If it is your cell, be sure the ringer is on as unemployment will only call you once or twice, and if you miss them, there is no number to call them back. Do not miss the call.
4. The problem should get resolved within a week, and all the money due you will then be paid to you retroactive to the day you first filed for unemployment.
Joe emailed to say this strategy of contacting his state representative worked for him. It worked for my relative too, and the other ten people I have advised to try it. They were in different states, and it has been effective. Once your unemployment money starts, you file each week and get paid. Problem solved.
Examples Of When To File A Wrongful Termination Claim
One example of when you may be able to claim wrongful termination falls under subsection of Floridas Unemployment Compensation Lawa violation of an employers rule. If the employers rule is not lawfulfor example, it violates the Occupational Safety and Health Administrations safety rulesthen you may be able to prove that you were working under unsafe conditions and move forward with a lawsuit.
Other examples of wrongful termination may involve retaliation from an employer after an employee filed a complaint after they had been dealing with sustained sexual harassment at work over a period of time that included inappropriate sexual comments or touching. It is also not an uncommon occurrence for workers to be targeted for taking time off to have a baby or take care of a sick or injured spouse or another close family member through the Family Medical Leave Act .
If you feel that you were unfairly denied unemployment benefits or wrongfully terminated through no fault of your own, it may be in your best interest to contact an unemployment law attorney.
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Class Action Lawsuit Va Unemployment Insurance
Learn more about the lawsuit and how you can take action here
Class Action Lawsuit Filed to Fix Historic Failures by Virginias Unemployment Insurance System
Legal Aid groups and pro bono partners charge the Virginia Employment Commission with violating the rights of Virginians who have been cut off benefits without process, or who face long delays in getting hearings to seek desperately needed benefits.
Richmond, VA Today, the Legal Aid Justice Center, Legal Aid Works, and the Virginia Poverty Law Center, along with Consumer Litigation Associates, PC, and Kelly Guzzo, PLC, filed a class-action lawsuit in federal court seeking relief for Virginians who lost their jobs during the pandemic and have no income to pay for basic necessities while waiting months for the VEC to approve their claims.
Virginia ranks 50th out of 50worse than every other state in the U.S.in processing issues on unemployment claims. In the last three months of 2020, the VEC failed to decide nonmonetary eligibility issues within three weeksas required by lawmore than 95% of the time, and it has only gotten worse in the first two months of 2021. In fact, in the most recent statistics showed that it was taking at least 10 weeks for nearly all claims and anecdotal reports indicate that it is taking much, much longer than that in many cases.
About the Lawsuit:
Legal Aid Works champions fairness by advocating for those with the least access to the civil justice system.
Violating No Raid Provisions
It is common in many industries for an employee to leave a company to go work for a competitor. However, if two or more employees leave an employer to work for a competitor all of a sudden, it may be that one of the employees persuaded or solicited co-workers to terminate their employment and move as a group to the new company. Oftentimes, an employer will have a no raid clause in the employment contract, which prohibits any type of solicitation of other co-workers to terminate their employment and move to another competing employer. If this type of action is discovered, an employer may have legal grounds to sue the employee responsible for the sudden exodus of employees under breach of contract.
AN EMPLOYER MAY SUE AN EMPLOYEE FOR
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Employers Have Financial Incentives To Fight Claims
Many employees wonder why their former employer is involved in their claim at all. After all, if you have already lost your job, why is your former boss trying to deny you your much-needed unemployment benefits? The reason is relatively simple: Massachusetts employers may be required to pay more in insurance taxes if their former workers obtain unemployment benefits.
Unfortunately, in some cases, this system leads some unscrupulous employers to behave badly, trying to protect the finances of the company to the detriment of former employees. Indeed, potentially, your initial unemployment benefits claim may be approved and it may be your employer that requests a hearing to try to appeal the decision. Regardless of how your case gets to a hearing, your ex-employer is likely to be represented by a legal professional during that part of the process. As such, it is critically important that you have an experienced Springfield employee rights lawyer by your side as well.
What Will It Cost To Hire A Lawyer For Your Unemployment Appeal
Although a lawyer may charge an hourly fee for representing you in the appeal of the decision on your application for unemployment benefits, you may be able to contain these fees by limiting the scope of the lawyer’s duties. For example, you and the lawyer could agree that he or she would advise you through the appeal filing stage, and write the argument. You may revisit the fee agreement after the appeal board rules. At that point, if you have prevailed, you may not need the lawyer’s services any longer . You can always ask if the lawyer will take the case on a contingent fee basis, meaning he or she would receive a percentage of any amounts you receive if you win the appeal but would take nothing if you lose. Of course, this arrangement means that you pay the lawyer a portion of the unemployment benefits you win.
There may be free legal clinics in your area that can give you some advice early in the appeals process, and may even provide low-cost legal representation. Check with public service organizations in your area for legal clinics or referrals they may offer.
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Can You Sue For Bad Reference
The answer is yes! You can file a lawsuit against your former employer for giving out negative references about you. You can potentially sue for defamation. Your former employer must have known with certainty that these statements were false.
Firstly, Can a former employer bad mouth you?
In short, yes. There are no federal laws restricting what an employer can or cannot say about a former employee. That being said, some employers are extremely cautious about what they do and dont say to minimize their liability in the event of a lawsuit.
Then What can past employers legally say about you? As long as its truthful, your previous employer can legally disclose anything about you to a prospective employer, including your salary, vacation days youve taken, your job duties and times that youve received disciplinary counseling for absenteeism and tardiness.
Actually How do you find out if a former employer is slandering you?
Verify. Check your own references. If you have a friend who owns a business or has an office number, ask him to call your former employers. Ask your friend to contact each one of your former employers to request verification of employment dates, rehire eligibility and job performance.
We Use Insights To Persuade Your Opponent
We bargain from a position of strength.
Our job is to convince your employer to change its beliefs and behavior through argument instead of force. When we base our argument on principles of fairness, evidence and legal insights, we will likely succeed. If your employer will not be persuaded, however, a judge or jury will listen to reason and force your employer to pay wages and benefits to which you may be entitled. Our opponents understand that we will always bring them to court when necessary.
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Unemployment Insurance Claimant Advocate Office
Navigating your Unemployment Insurance claim, hearing or appeal may seem frustrating or confusing at times. We can help!
The Claimant Advocate Office operates within the Department of Labor’s Unemployment Insurance Division, separate from the Telephone Claims Center . Advocates provide free, impartial and confidential services that help claimants, particularly those with limited English proficiency or other barriers, understand their rights and responsibilities under Unemployment Insurance Law.
What issues can the Claimant Advocate Office assist with?
- You’ve received a determination or a questionnaire and don’t fully understand it
- You were found ineligible for benefits and need the hearing process explained to you and
- You have an upcoming hearing or appeal and need help preparing for it.
When should I contact the Telephone Claims Center instead of the Claimant Advocate Office?
- You wish to file a new claim.
- You would like an update on the status of your new or existing claim.
- You have a specific question about your claim.
- You were instructed to contact the claims center.
I am not fluent in English. Can an advocate assist me?
Yes! Services are provided in approximately 200 languages. We can explain the Unemployment Insurance process in the language in which you are comfortable speaking.
How do I contact an advocate for help?
If you prefer to speak to an advocate, please call 528-5618. Our hours of operation are Monday – Friday, 9 a.m. to 4 p.m.
Is It Better To Resign Or Be Fired
If you have another job lined up, then it probably makes more sense to quit rather than wait to be fired. If you dont have a job lined up, then waiting to be fired could give you more time to job search while still getting paid. Employers are sometimes hesitant to hire someone with a track record of being fired.
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Social Media Facebook & twitter
Most state UI agencies are actually pretty active on social media in posting updates to share the latest information on unemployment payments and/or delays. You can see relevant social media handles on some of the individual state unemployment pages I have set up for specific contact information but most large unemployment agencies have Facebook, Reddit and Twitter accounts. I follow a number on and , so you can follow me to get curated updates. From the state UI agency social media pages you can even try sending direct/private messages to get answers to your questions and also see the hundreds of comments from people likely in a similar boat to you. Just dont share any confidential or personal information.
Surprisingly a lot of readers have said emailing your state unemployment department or agency has worked more effectively than trying to get a live agent. In fact under federal guidelines for these programs, states must provide claimants with alternate modes of contact, which may include email, and communicate with the claimantbased on his or her preferred method of contact. If the state contacts the claimant via email and the email is returned, the state must attempt to contact the claimant by U.S. mail.
Your Local, State or District representative
If you have found any effective ways of getting in touch with someone in your state, please leave a comment below.
Filing An Appeal For Unemployment Benefits
If your former employer claims that you were terminated because of misconduct, you will likely be denied benefits and will have to file an appeal with the Florida Department of Economic Opportunity. Time is of the essence when you are denied unemployment benefits. You only have 20 days to file your appeal, so that is why it could be in your best interest to contact an attorney around the time you file or even before.
Once your request is received, the Office of Appeals will schedule a hearing before an appeals referee. You will be notified when and where the hearing will take place and how you can submit evidence and witness testimony. During the hearing, the referee will review documents, ask questions, and decide on your appeal.
Your former employer will likely be represented by an attorney at the hearing, so it is a good idea to consider representation as well. Their attorney will present the employers side of the case, representing their best interests. It is advisable to have an employee rights lawyer so you can make sure all the proper processes are followed and that your rights are represented in the hearing. Your attorney can help you prepare all needed documents and, if possible, can gather expert witnesses on your behalf.
When the hearing ends, the referee will make a decision, and if he/she rules in your favor, you may want to consider talking to your attorney about a wrongful termination suit against your former employer.
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What Happens When Your Unemployment Claim Is Contested
If your employer contests your claim for unemployment, your case will be reviewed by an investigator from your state department of labor. The investigator will analyze the information provided by the employer and may interview the employer to gather additional insights.
You may be contacted to answer some questions about the circumstances surrounding your separation from the job. Make sure that you respond quickly, thoroughly, and honestly to any requests for information. The staff from the unemployment office will then make a determination on whether or not you are eligible for benefits.
If you are accepted for benefits, the employer can still request a hearing to appeal the decision. If you are denied benefits, you will receive written notification of that decision, which will include information regarding the appeals process and the deadline for filing an appeal.
Fee Agreements Are Negotiable
An attorney fee agreement is a contract between you and your lawyer. As when entering any contract, you can and should consider negotiating the terms. Ask the lawyer to tell you all of the fee alternatives that he or she would consider for the services that you are contemplating. Then you can make a proposal and try to get the best arrangement.
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What Will Disqualify You From Unemployment Benefits
Regarding misconduct and unemployment benefits, an attorney can help determine if you may have committed misconduct because, as mentioned, it is not always easily definable. What disqualifies you from unemployment benefits can be hard to understand.
For example, if you have been terminated for chronic absenteeism or tardiness, the number and length of absences will be considered, as will the need for your former employer to prove there was no just cause for the absences or that you did not provide sufficient notice.
The same holds true for employers rules, which are often not consistently or fairly enforced. Finally, under Floridas Unemployment Compensation Law, employee misconduct can occur outside of the workplace. But how is conscious disregard of an employers interests outside of the workplace defined?
Unemployed Maryland Workers Push Lawsuit Over Backlogged Benefits Claims Trapped In Purgatory Awaiting Decisions
A group of unemployed Maryland workers whose lawsuit helped derail Gov. Larry Hogans attempt to end expanded federal unemployment benefits early are asking a judge now to address tens of thousands of claims that have languished in purgatory after being halted over paperwork issues.
The Unemployed Workers Union, a group affiliated with the Baltimore activist group Peoples Power Assembly, filed an amended lawsuit Wednesday against the state and Maryland Labor Secretary Tiffany Robinson reiterating its contention that scores of out-of-work Marylanders are being denied the benefits theyre entitled to after being falsely flagged for fraud or other issues.
Many claimants had their benefits stopped, denied or flagged for fraud without explanation or hearing or were placed in an on-hold status for months at a time or indefinitely, the lawsuit claims. Others were billed by the state for thousands of dollars in alleged overpayments without explanation or hearing.
Wednesdays class-action lawsuit is part of another legal challenge to the Hogan administrations handling of unemployment claims that led Baltimore Circuit Court Judge Lawrence Fletcher-Hill to order the state to keep paying expanded federal benefits through the beginning of September, when the federal programs are set to lapse.
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