Will written warnings that are fabricated and not signed by me hold up at an unemployment hearing?
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Will written warnings that are fabricated and not signed by me hold up at an unemployment hearing?
I worked for an “at will” corporation that fired me for “willful misconduct” because I unintentionally closed their restaurant 10 min early and left my keys in the office door while I was in there with the safe open. Written warnings were fabricated to look like I was warned but was never issued or signed by me. In addition, An associate is willing to testify that other managers leave their key in the office door counting money because the door is self locking the GM never made a safe spare key available. I want to be prepared for this hearing and need advice. Thanks.
Asked on May 15, 2009 under Employment Labor Law, Connecticut
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If your employment is "at will," then I'm not sure why there is going to be a hearing, because "at will" employment means that the corporation does not need a reason to fire you. Do you have an employee handbook that requires this hearing? If so, it may be as good as a contract, so that your employment might not be at will -- but this is a difficult argument to make successfully, and you need the help of a good labor and employment lawyer if you want to take this approach. One place to find a qualified attorney is at our website, http://attorneypages.com
Cases like these can be very difficult to prove, if you are the employee. Anything you can do to prove that the written warnings were fabricated might be helpful.
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