If someone is denied compensation after being discharged wrongly by their employer, how do theycollect?

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If someone is denied compensation after being discharged wrongly by their employer, how do theycollect?

A paralegal worked for a lawyer who was under investigation for potential misdeeds. Paralegal felt tremendous stress and believed a nervous breakdown was imminent. Paralegal cooperated with investigators only stating facts including lawyer backdated a letter to deceive them of earlier communication with a client. Lawyer discharged paralegal due to letter and denied any compensation (over his dead body). What are all relevant legal principles including employment laws that are applicable to paralegal’s discharge?

Asked on December 9, 2010 under Employment Labor Law, New Mexico

Answers:

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

Answered 11 years ago | Contributor

The paralegal needs to go and see an employment attorney in her area as soon as possible. It would be against public policy to deny her unemployment for cooperating with law enforcement in the investigation of her boss.  Even if the investigation that you were talking about was by the bar association or the grievance committee in some states (a body of attorneys that investiate the misdeeds of other attorneys when complaints are filed) I would indeed think that the same would be true.  She needs to file for unemployment.  He will contest.  She will request a hearing and appeal, appeal, appeal is she is denied.  Whistle blowers are protected under other areas of the law.  She should be as well.  Good luck. 


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