Can your employer fire you for misconduct based on hearsay and deny your unemployment benefits?

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Can your employer fire you for misconduct based on hearsay and deny your unemployment benefits?

The company which I worked for allowed co-workers to make discriminatory remarks and gossip. I was fired due to the comments and accusations made by fellow other co-workers. I am now being denied unemployment based on these same hearsay accusations. I am aware that several witnesses have signed statements which are untrue. What are my rights as a slandered individual? Could the TX Workforce Commission use “multiple” witness statements to decide the truth? My suspicion is these “witnesses” would lie to protect their jobs. How do I go about getting justice?

Asked on January 13, 2011 under Employment Labor Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your situation.  You will have to make a case for yourself - or in this case tear apart the case that was made against you - by discrediting witnesses in a hearing and bringing your own witnesses as proof or supply other proof of the lies that are being mounted against you.  It is not a difficult thing to do here.  I would strongly suggest that you seek help from an attorney that deals with unemployment cases as soon as you possibly can.  Generally speaking once the employer states that you were fired for cause the ball is back in your court to prove otherwise.  It is called "shifting the burden of proof."  Good luck to you. 


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