I was fired from my job without any notice or reason. My employer told me he felt I was overqualified for my position & he wasn't comfortable that I would stay working for him. He said he found a replacement and she was starting the following day.

I filed for unemployment Benefits and my claim was denied. I was in total shock when I read the reason; "claimant left this job voluntarily because she felt she could not get along with her co-workers. Claimant submitted a voluntary letter of resignation."

How can he outright lie like that without it being a crime? My co-workers and I & got along great and I NEVER submitted a resignation letter! I live paycheck to paycheck so losing my job and not being able to collect unemployment is forcing me to borrow money, etc.

I am so angry the state allows this to happen. I have to wait another two weeks until an appeal hearing so the total time is at least 5 weeks before I will collect! I filed an appeal and asked they subpoena all my co-workers. (Do you think the hearing officer will actually do it?) They all know I was fired and could tell the officer I never had any problems with them.

Question... if the hearing officer subpoenas all my former co-workers and my former employer knows about it and realizes he is screwed... Would he be able to call the hearing officer and tell them to grant me benefits or do I have to wait for the hearing?

Thanks!

No, the state didn't "allow" this to happen. There are 2 sides to every story. At the appeal, ask your employer to produce the resignation letter.

By the way, the firing was legal.

I know it isn't the state's fault he lied. My problem is with how long it takes to get things straightened out...

When you say the firing was legal, I am assuming you mean because NC is an 'at-will' state so ANY firing is legal? I wasn't challenging if it was legal or not... just how illegal it is to LIE in order to not pay benefits.

Either way, I believe I am entitled to benefits and hopefully the ESC will see it that same way.

Thanks for your help!

IWhen you say the firing was legal, I am assuming you mean because NC is an 'at-will' state so ANY firing is legal? I


ANY firing is legal unless there is a law that prohibits firing for that express reason.

Good luck.

And collecting unemployment does NOT mean that the termination was illegal - the vast majority of people collecting unemployment were legally terminated.

Is your appeal hearing going to be held over the phone or in person? If over the phone, you need to insist that they make him provide both you and the hearing officer a copy of the alleged resignation letter, and you need to ask the hearing officer for a chance to "be heard again" after you see the letter. If they forged your signature to a letter they fabricated then you need to be able to testify to that effect after you have seen it.

You may want to contact the unemployment hearing office ahead of time and ask if the letter and any other documents that may be discussed can be subpoenaed before the hearing.