QUESTION
What are my legal options after being suspended indefinitely because of an inconsistent reason?
Asked on Oct 24th, 2013 on Labor and Employment - Washington
More details to this question:
Do I have a case if I was suspended from work? My general manager came to me at work, told me I was accused of making a comment about an employee, (which they still wont tell me what I'm accused of saying) my general manager then told me that I was suspended until they investigated, and that I can't come back till they call me. A week later, I called in, my general manager said he still didn't know what was going to happen, because his boss didn't say anything yet, its going on about 2 months now, recently I filed for unemployment an they said that the restaurant sent them a document saying I was suspended for 3 days for not closing the store right way, and that I quit the job, and I signed it. I did sign a write up about not cleaning right, I read and signed it and went back to work, a few days to a week went by and that's when I was told to go home until they call me back and I was suspended until they investigate. So, unemployment thinks I am lying to them. The store has all the documents on file an they didn't sent proper document to unemployment.
2 ANSWERS
you should file an appeal with GA DOL. (You only have 14 days to do so, do not delay) They will then hold a hearing, where the employer will be required to prove the allegations. If they do not prove their case, you win. You should have an attorney with you at that hearing. Do not go alone.
Answered on Oct 24th, 2013 at 10:42 PM
There is a great service that helps with unemployment benefits which is called the Unemployment Law Project, and I encourage you to look them up and ask them for help. We do the same thing as private lawyers, but we charge for it and they are good at it just as we are. It sounds to me like this is a situation where you just need to get someone on your side. I can't really answer the question in a way that's useful to you to help yourself. The question at unemployment is going to be were you fired (or suspended forever), or did you quit. Suspended here would be the same as fired. I am thinking the employer has falsified a document, which is a big deal if they submitted it to the State. I would definitely get assistance in trying to get these benefits.
Answered on Oct 24th, 2013 at 10:41 PM