QUESTION

Can my boss tell the unemployment office ? quit when I didnt?

Asked on Apr 25th, 2013 on Wrongful Termination - Wisconsin
More details to this question:
The last day i worked was Feb. 3. towards the end of Feb. the store manager called me and told me there were no hours for March. Then mid march I texted another manager asking if I still was employed and she ignored me. I tried my numbers on our website and in another branch of our store and they no longer work. I was never told I was fired but its been two months since i was scheduled. I filed for unemployment but I got a letter saying that that store said I quit to go to school, which is false because I've been in school since I started working there 4 years ago.
Report Abuse

1 ANSWER

When you file for unemployment, the Department sends the employer a form that asks the employer to state the reason why you are not working. When an employer terminates your employment or reduces your hours for reasons other than misconduct, it incures a liability, of sorts, against its unemployment benefit account. Essentially, the employer will incur a cost because an employee/former employee is now using benefits due to the employer's action. An employer may try to avoid this expenses by wrongfullly claiming an employee quit or was terminated for misconduct. Some employers may be dishonest and lie about the reason for termination or lack of hours to avoid this expense, and the innocent consumer suffers. This happens, though the employer is really violating its duty to resepond truthfully. The employer may get away with it if the claims adjudicator believes the lie. If so, you need to appeal the denial and go to a hearing where you can offer testimony and other evidence that shows you did not resign. The employer will have to present evidence too, and it may avoid lying face-to-face under oath to an appeals referee by not showing up. If the employer does show up and lies, saying you resigned, and the referee does not believe the employer, you will get your benefits. It is not likely that anything adverse will happen to the employer or its lying witness, unfortunately, other than the employer's unemployment account will incur the liability for your claim.  In reality, there are likely employees that have misrepresented the truth as well, and that is just as unfortunate as an employer that lies. So can an employer lie about the reason for your lack of work or termination? Yes. But that does not mean you cannot get your benefits.
Answered on Apr 26th, 2013 at 6:14 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters