If my former employer is making untrue claims to fight my being given unemployment benefits, what canI do?

UPDATED: Jan 3, 2011

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If my former employer is making untrue claims to fight my being given unemployment benefits, what canI do?

I was laid-off a few weeks ago without any warning. I had never been written up in my prior job; I was always given good reviews and praised for my performance. I filed for unemployment and my ex-employer sent a letter to unemployment stating that I had been talked to about my performance and told that I was in jeopardy of losing my job (untrue). I never, ever signed any disciplinary forms, nor did I feel my that job was in question. Can they win this case without anything signed by me? The company is in financial distress and they simply do not want to pay a higher unemployment insurance rate.

Asked on January 3, 2011 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is no specific requirement that an employer have any signed acknowledgement from an employee regarding discipline, grounds for termination, etc. If you are in fact denied unemployment and believe the denial is improper, you can appeal it, using the agency's own appeals process; and/or you could bring a legal action in court. If you believe your former employer is making untrue factual statements about you, you may also be able to sue them for defamation. A key factor will be what evidence each of you can bring to the table. If you are denied unemployment, you should speak with an employment attorney to see what your best options are; good luck.

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