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HeyStay
04-07-2006, 03:10 PM
I posted previously. My suddenly dismissed me after 10 years. I tried to collect unemployment and was denied because she stated I was terminated for insubordination and misconduct. I appealed that decision and a hearing was held. The referee reversed the decision stating that there was no evidence of misconduct or insubordination based on both my testimony andmy employer's HR person's testimony. My question is, do I have any recourse legally? This took away the career I intended to retire in as well as attacked my character. How am I supposed to explain the loss of my 10 year position when I apply for another job? No one is going to hire me if I was fired for misconduct even if the decision was reversed for my unemployment benefits.

cbg
04-07-2006, 05:46 PM
No, you have no recourse legally. Whether you do or do not receive unemployment has nothing whatsoever to do with the legality of your termination. If the employer believes you were insubordinate, he is free to fire you for it, even if you disagree and even if you are granted UI. YOu have posted nothing to suggest that your employer has violated the law.

An employer is not necessarily going to take your previous employer's word as gospel. If you explain FIRST what happened, let them know that your references from this employer may be less than stellar, and why (do NOT badmouth the employer, but you're free to put your own spin on what happened) and line up some co-workers or other managers that are willing to speak for you, you'll find that one bad reference is not the kiss of death.

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