What canI doto prove thatI was laid off and not terminated?

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What canI doto prove thatI was laid off and not terminated?

After 8 months of being on unemployment I receiving a phone interview indicating that I may been separated for misconduct. I had my job for approximately 5 years. My 3rd year a new management came in and they began to “clean house”. Many people were “let go” with no real reasons given. Eventually the same happened to me. It was a complete shock I was terminated, and not “let go”. I had no documentation of any misconduct that I know of and I even called my old boss, to check and he confirmed that I had no write-ups. I am basically very concerned as to why I am getting this interview now.

Asked on April 4, 2011 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The problem is that while it's certainly favorable to you that you did not have a history of misconduct, that does not itself prove that you were note terminated for cause (e.g. misconduct)--for example, an employee can be fired for the very first instance of misconduct, unless he or she has a contract to the contrary.

To make your case, assemble any evidence, documents, and witnesses in your favor--for example, favorable performance reviews; total up the number of people let go around the time you were, to show that it was really part of layoffs or restructuring; get people (e.g. a former boss) who will testify on your behalf to send in written affidavits in your favor and be ready to testify, etc. It may come down to creditiblity, you vs. your company, and how much evidence, direct or indirect, each has.


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