QUESTION
Can I sue my former employer for lying to dept of commerce
Asked on Jun 01st, 2016 on Labor and Employment - North Carolina
More details to this question:
I had a heart attack and had to be hospitalized. My boss informed me in front of other employees that he was laying me off because he couldn't wait for me to come back to work. When I tried to draw unemployment, i was disqualified for compensation because my company informed them that I was fired for repeatedly messing up on the job. I have stents in my heart that require expensive drugs that I have no money or insurance to pay for. Is there anything i can do?
1 ANSWER
4 Awards
There is no way to address what the employer told the DES except by following through with the DES process and proving at a hearing that the employer is lying. If you do prove the employer is lying, the only thing you will be entitled to is your unemployment.
If the employer had more than 50 employees, then you may have rights under the FMLA to be allowed time off for treatment or recovery of upto 12 weeks. If the employer has less than 50, or you do not meet the eligiblity requirements, then he can legally fire you because you were not able to work.
Answered on Jun 03rd, 2016 at 11:49 AM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.