Is my employer legally allowed?
to tell the unemployment office I was fired due 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.
- FatboyLv 51 decade agoFavorite Answer
The unemployment office has to contact your previous employer to determine why you no longer work there. If you were let go do to performance, or lack, of the employer must tell them. Your employer can tell them anything they want regarding your dismissal. If you were let go for non-performance or any other reason due to your own actions, or lack of, you most likely won't be eligible for unemployment.
Sounds like you better dust of your resume.
- santarosacarguyLv 51 decade ago
He has the right two tell them why he fired you. He shouldn't lie but many do as they don't want to pay up. He has the burden of proof and since he can't proof anything you have a good chance of winning especially since you said work there over a year. It's harder if you work say a less than a year. If you work that long it shows you couldn't be that bad of an employee or else you would have been let go sooner. Bring that fact up when being interview or in your written appeal. I went throught the same thing. I had to appeal all the way to in person recorded interview with a unemployment judge before I got paid but in the end I won. Don't give up as you have nothing to lose and the sucker just doesn't want to pay and this is the best way or returning him the favor and sticking it to him.
He's hoping you will get frustrated and get a job first and just give up. Worst comes to worst sue his *** in small claims court for slandering by saying your a thief when he had no proof only suspiscion. What even led or cause him to have these suspicison did he even elaborate or just the fake I just know answer.
Just tell the unemployment that the guy is cheap and doesn't want to pay out what you rigthfully deserve. If you have coworkers who could attest to your character and work ethics that would help your case. If you know someone who was also fired recently from the same company you can ask them if they got umemployment if they applied for it and see how they were treated.
Whatever you do never give up he has a business to run and would take up his valuable time you have plenty of time on your hand when you aren't looking for a job. It's your money and you deserve it. The system is design to make it hard they want you to get another job. Make em pay.
You will recieve half of what you regularly made at that job not to exceed a certain max limit if you made too much money. You will receive $179 every two weeks from the goverment. No taxes are taken out but you will have to remember to include your payments from unemployment at tax time of next year.
- Anonymous1 decade ago
Yes. He cannot tell another potential employer those kinds of details, in the event someone called him for a reference, but unemployment is different. It is standard procedure for them to delve into the details of why you no longer work there, especially if the employer fights it. The employer should have let you know why he was firing you, but if you are in an at-will employment state (most states are like this), you can be fired at any time for any reason with no real recourse. I don't know anything about NY's employment laws specifically, so you might want to google it.
- Psycho MagnetLv 61 decade ago
Yes he can say that but you will have to appeal when they deny you. (Richard is wrong. His answer applies to companies contacting current/former employers about you. An employer can tell unemployment a reason)
Sadly it's not uncommon for employers to make things up in order to avoid paying unemployment.
They will schedule a hearing where facts are presented and you can argue your case. I should mention, because you are unemployed you should call around to one of local places that offers free legal assistance to low income citizens. This way you have an attorney if needed as well.
As for the amount, it varies state-to-state so I can't give you an exact amount but considering what you made a week, the amount would be very low and you'll likely need to find a new job quick if you want to survive.
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- 1 decade ago
You would be surpised at what they allow employers to do. I quit my job after 10 years because of harrasment, I thought I could get unemployment because in the unemployment handbook it says that that is one of the exceptions for which benefits can be paid. I was denied because they sided with the employer, I even had proof. The way to get them back is find a part time job somewhere work there long enough to earn three times what your weekly benefit amount would be, then file again and get your money. I found a part time job painting apartments, when I earned enough to qualify I filed again. Good Luck.
- 1 decade ago
Depends on what type of employer you were working for. Many places are not required to give a reason as to why you are being fired. It just can't be a reason of race or gender. Your former employer is a jerk for doing this, but more than likely you are going to have to fight it.
Not really sure how much you will get a week, it will depend on your family size, bills, what you made before, and such.
- Sis FLv 61 decade ago
My suggestion would be to contact someone at your Labor Board or Consumer Board. All states have them and see what your options are. Dont know if there is much you can do about this, so just in case, get that resume ready and start looking for another job. One that pays more :). Good luck to you
- Jim BobLv 71 decade ago
He's allowed to tell them that but without proof, you'll get your unemployment benefits. Poor job performance won't disqualify you.
- richard hLv 51 decade ago
No, the only info a former employer can give out is your dates of employment, rate of pay, and rehire status. If you can prove he is lying you can sue him for slander. It's obvious he is just trying to get out of paying your benefits