Is my employer legally allowed?
to tell the unemployment office I was fired dur to bad work performace and suspicion off stealing. He gave me no reason when firing me, i applied for unemployment and my former employer fought it. He told the unemployment office I was fired because I was not correctly doing my job and he suspected I was stealing. He has no proof of either, is he legally allowed to tell the unemployemt officer this, they are now saying I will have to fight to recieve the benefits
I live in NY, made about $179 a week and worked there for over a year. Does anymore know much much I will recieve each week if I win?
He has no proof I stole because I never did. I always did my job correctly. Also when I asked him why he was firing me he told me he just was, and never gave me a reason.
- Anonymous1 decade agoBest answer
Yes, the unemployment office sends employers a letter asking for specifics on why an employee was let go. (I'm an employer in NY). He most certainly can state you were doing your job improperly, it's his opinion as a manager of the company. The suspicion of stealing is a little more arbitrary but if he had a reasonable suspicion than yes, he can state that to them.Source(s): ps- I doubt you will win your claim, I've seen 3 of these and the unemployment office will deny benefits for a lot less than what you're fighting. Don't spend the money til you see it! Good luck.
- 1 decade ago
Yes, they are not only legally allowed to tell them that, they are legally bound to tell the truth. Was it the truth?
The job performance thing is a matter of opinion, really, but they can fire you for any reason. They do not have to give you the reason they are terminating your employment.
If you were written up or "talked to" about negative behaviour while you were employed there you will not get benefits.
It is completely within the employer's rights to do this.
The best thing would be for you to get another job and do well at it. Do your absolute best everyday and make sure you follow the rules and you probably won't have to deal with things like this in the future.
Oh, and if you do get benefits, I'm pretty sure it's only 65% of what you made when employed. And it depends on how long you worked there, as well.
- Anonymous1 decade ago
Yes they have every right to tell the unemployment people he suspects you of stealing the unemployment people will decide if the employer has the right to fire you. I don't know how much you will get.
- MeghanLv 71 decade ago
Um, how about focusing less on your unemployment and focus more on finding a job? Typical unemployment compensation is about 70-80% of your previous salary. Sounds like you might have a case, but it also sounds like more hassle than it would be worth.
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- TeeknoLv 71 decade ago
Of course he's allowed to say this. The unemployment office has to ask them if you were fired for cause, or because of a lack of available work. If it's for cause, you aren't entitled to unemployment compensation.
- Anonymous1 decade ago
Your employer has the right to challenge your access to un employment benefits.
You also have the right to challenge their objection .
It's one of those cases where " I said She/He said" type of adjudication challenges that eventually find it's way in front of a neutral tribunal composed of employers rep , labor reps, and government reps. You and your employer will be summoned to appear before them, at which time they will hear both sides , and they will adjudicate case based on the evidence presented, very much like a court.
- MarshallLv 51 decade ago
Yes, the unemployment office is going to know why you were terminated so he told them what he believed.
- wizjpLv 71 decade ago
He's reporting why you were fired and why you are inelligible for compensation. He HAS to tell them. YOu can dispute it
- pokerjoevLv 51 decade ago
YES....LOOK FOR A NEW JOB AND DONT STEAL.