What canI do if my employer gave a false statement to unemployment so as to make me ineligible to receive benefits?

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What canI do if my employer gave a false statement to unemployment so as to make me ineligible to receive benefits?

My employer told unemployment a false statement about why I was discharged, and now I have a hearing date scheduled to appeal but how can I explain the truth? What step should I take at my hearing about this? Is there any links or literature I can read?

Asked on April 20, 2011 under Employment Labor Law, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

The internet is a great resource for help in these type of matters.  Many state agencies have case law on line through their own web sites.  Go to the department of labor (or unemployment) and put in the search box the "key words" which would be the basis of the denial ("cause" "eligible employee") meaning the reason that you were denied.  Your employer is going to have to prove that you were discharged for something that was not your fault.  Look at the guidelines for unemployment and then try and fit your situation in to them.  If the employer is going to claim that you were let go because you did something then they will have to prove it.  If you were reprimanded then they will have to prove that as well.  Generally performance reviews are helpful as an employee needs to sign a bad review these days.  Otherwise the proof can be seen as "made up" for lack of a more technical term, in order to prove you were fired for cause.  The department of labor may also be able to help and bring any witnesses you may have to the situation as well.  They can testify.  Good luck. 


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