lack of evedince for being fired

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lack of evedince for being fired

My question is I worked for a local grocery store and I was told by H.R that they have me on dvr missing for an hour. The time in question took place some where in June or July, I was questioned in september and was questioned about if I punched out for lunch. I told them on some days I didn’t but left a half hour early. Since I didnt take lunch.Then I asked Hr if I could see the drv but wasn’t answered. Three days later was fired. I think I should of been able to see this drv since they based there case on it. Put they Have a witness who said I didnt punch out. I was denied unemployment. I recieved a copy of there witness statement and no where in this statement talks about the time I was question. How can HR fire someone if there key witness doesnt match what I was question about? Please help me

Asked on May 17, 2009 under Employment Labor Law, Arizona

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general rule a person can be fired for pretty much any legal reason as long as the employment is at will which means either party can terminate the relationship at any time for any legal reason. You should look at your contract to see if in fact this was the type of employment you had, it almost always is but it cant hurt to look into it.

The only remedy is unemployment and you said that was denied. Unfortunatley unemployment can be denied if the court finds for the employer and that they had a valid reason for having fired you.

The employer is not required to present any evidence and their refusal to proceed with presenting the dvr is their choice. If you truly feel wronged you can always contact a local employment attorney and see if they offer a free consultation. It is difficult not knowing the entire story but if you speak to someone they can advice you as to whether you have a valid cause of action to pursue this matter. That is your best bet t this juncture. good luck!


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