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Getting Fired for Loss of Liscense that never Happened. New Jersey

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  • Getting Fired for Loss of Liscense that never Happened. New Jersey

    New Scenario. Spoke with my Boss to day and found out I was actually Fired for temporary loss of liscense 10 days which NEVER HAPPENED! Boss claims they have an abstract from their Insurance Co. stating it was Suspended in the end of July for 10 days. I just went to the DMV, got a Certified Notarized AbstarctDatng back to 2005 til now Never Suspended. Wont give me my pay checks saying I have to wait til Monday. Any Help Thanks

  • #2
    Two different issues.
    - If waiting until Monday will get you your paycheck, then that is the fastest method available to you.
    - The other unrelated issue is the termination. Most terminations are legal under the Employment At Will doctrine. I understand that employer lied about the reason for the termination. The real question is why. They did not need to lie about the reason to have a legal termination, which sort of begs the question 'why bother". Maybe to try to avoid UI. Maybe a lot of things. There is a small chance that the defamation laws may be in play, but if so, that is very much "hire a lawyer and go to court" territory. Way too complicated to get a good answer on a free Internet website. If this is a UI issue, then you either got UI or you did not. Either way, that is between you and your state.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      First what is a UI? Finally spoke with one Owner today, showed my Motor Vehicle Abstract and he showed me his insurance abstract. They both said the same thing my registration was suspened for 10 days not my liscense. Tried to show my Boss he said the other Boss deals with these things, he cant read it etc etc. Still got terminated signed disciplinary action form stating termination for suspended liscense. I stated on form Unlawful Termination have copy of DMV abstract stating never suspended. Any advice Thanks

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      • #4
        UI is unemployment insurance.

        If you're asking whether your firing was illegal, it was not, even though the employer may have been 100% wrong regarding your driving record. A "wrongful termination" is when an employee is fired in violation of a specific law, such as because you are Hispanic or because you are from Kenya, or because you reported an alleged safety violation of OSHA, just as three examples.
        http://en.wikipedia.org/wiki/Wrongful_dismissal

        However, you should have a decent chance at unemployment benefits. Have you filed yet?

        The criteria for determining a "wrongful termination" and determining your eligibility for unemployment benefits are two totally different issues. The great majority of people receiving unemployment benefits were legally fired.

        Regarding your paycheck, when would you have gotten it for the pay period that includes your last day worked? NJ law does not require acceleration of pay if an employee is involuntarily terminated.
        Last edited by Pattymd; 10-18-2010, 09:54 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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