What canI do if my former boss reported to unemployment that he fired me for something different than what he told me?

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What canI do if my former boss reported to unemployment that he fired me for something different than what he told me?

I got fire from my job and my formal manager told me he was letting me go for doing an unauthorized X-ray. He said he was going to give me the best letter of recomendation and was not going to fight unemploymenrt and that he was going to be able to rehire me in 6 to 8 month. I told him that why now I’m getting fire for doing an X-ray with out authorization when i have done 100’s of X-rays in the past, and he had nothing to say. Well I apply for unemployment and I was denied due to misconduct connected to the work, he reported that he fired me for falsification of work related documents which had nothing to do with what he had said at the time of my discharged. What can I do?

Asked on January 3, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) You can appeal the determination through the unemployment office's internal appeals process; you would present your own evidence and testimony to counter his claim.

2) If that does not work, you could even take  the matter to court to appeal.

A lawyer with unemployment insurance experience would greatly increase your odds of success.

3) If you feel that you can show or prove that the employer is making false factual statements about you which damage your reputation or otherwise cause you a loss, you may be able to bring a defamation action against him; this is something else to discuss with your attorney.


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