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Do I have a case wrongful termination, Defamation of Character
- Thread starter Jswartz
- Start date
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Do I have a case
During exit interview was told company was going in different direction. I found this odd as the store was the number 1 store in the state. I filed for unemployment and was initially denied for theft. After filing appeal and providing several supporting documents, state of colorado, sided with me, and overturned granting me unemployment finding I was not at fault and that NO theft had occured. I am still unable to find work, this is frustrating and concerning, wondering if accusation is the reason. This has caused my family much stress, my daughter age 11 has been prescribed anti depressants, prozak. I am having to move and find a cheaper place to live, and wife may move out. I AM 46 years old have been in same industry for 17 years, prior was in military for 12.5 years, I have never stolen anything in m y life, and am to old to start in a new career field, let al9ne the financial set back to do so. 1 false accusation and everything is gone, this can't be right? Am I too old fashioned in my way of thinking, can this happen? Left message with local attorney and got email back stating not taking new clients at this time, was this a polite way of saying I dont have a case? Was making 90K a year, now to provide for my family 480 a week. Slowly loosing my mind.
During exit interview was told company was going in different direction. I found this odd as the store was the number 1 store in the state. I filed for unemployment and was initially denied for theft. After filing appeal and providing several supporting documents, state of colorado, sided with me, and overturned granting me unemployment finding I was not at fault and that NO theft had occured. I am still unable to find work, this is frustrating and concerning, wondering if accusation is the reason. This has caused my family much stress, my daughter age 11 has been prescribed anti depressants, prozak. I am having to move and find a cheaper place to live, and wife may move out. I AM 46 years old have been in same industry for 17 years, prior was in military for 12.5 years, I have never stolen anything in m y life, and am to old to start in a new career field, let al9ne the financial set back to do so. 1 false accusation and everything is gone, this can't be right? Am I too old fashioned in my way of thinking, can this happen? Left message with local attorney and got email back stating not taking new clients at this time, was this a polite way of saying I dont have a case? Was making 90K a year, now to provide for my family 480 a week. Slowly loosing my mind.
Just Blue
Senior Member
No you don't have "case", nothing. Please stop discussing this with your 11 year old to the point she needs medication. You may end up with a visit from the state is you continue.
commentator
Senior Member
Regardless of what happened in your unemployment hearing, this is a closed system. in other words, no other employer is going to find out that you were accused of theft by your former employer through anything that comes from the unemployment insurance system. No one but you or the separating employer (or your legal representative) could ever obtain any information about the claim.
Since their original story was that they were letting you go due to a change of direction on the company, you were not discharged for one false allegation. You were not even denied unemployment benefits for that false allegation. Them making a false allegation during the claims process is NOT something that is going to ruin the rest of your life, and you are not able to sue them for saying that during the unemployment process. There is, in this sytem, the assumption that one or both of the parties may be lying. They go with the "most believable." Obviously, that was you and you are currently receiving unemployment insurance, which indicates to anyone who knows anything about it that you were not let go for a misconduct reason. I'd say the chances that they're currently trashing your re-employment chances and telling people who request a reference that you were discharged for stealing is VERY slim.
That you have not found another job is not something you can dump totally at the feet of a former employer. It is a reality that hits millions of people a week. You were in a very high income situation. You were in the same industry, and even the same position for a long period of time. You're expensive, and frankly, you may have been becoming dated, as far as your skill set is concerned. At least, the employer could possibly have cut their operating cost by hiring a younger, less experienced person at a very much lower salary, and that's totally legal for them to do in an "at will" state, which yours is.
I would suggest that you contact a veteran's employment specialist at your local Career Center, possibly seek some counseling through the VA for your depression issues. These are practically inevitable in a job loss situation such as you are experiencing. But there's nobody you can sue for doing it to you. You are obviously taking this issue all over your family life, where you and your wife are not supportive of each other. This you perhaps cannot help, but you CAN help your daughter see how her dad deals with adversity. Set her a good and courageous example.
Instead of looking for others to blame and sue, you can work on moving forward with this. Call prospective employers, not attorneys. No, you do not have a case. You cannot sue an employer for letting you go, regardless of how much hardship it has caused you. The one venue where you could appeal and change what happened, which was unemployment, you prevailed. You won. Now, move forward. Perhaps update your skills. Downsize if you have to. Try a new industry or a new type of work, you're not really old. You have many years to move on.
Since their original story was that they were letting you go due to a change of direction on the company, you were not discharged for one false allegation. You were not even denied unemployment benefits for that false allegation. Them making a false allegation during the claims process is NOT something that is going to ruin the rest of your life, and you are not able to sue them for saying that during the unemployment process. There is, in this sytem, the assumption that one or both of the parties may be lying. They go with the "most believable." Obviously, that was you and you are currently receiving unemployment insurance, which indicates to anyone who knows anything about it that you were not let go for a misconduct reason. I'd say the chances that they're currently trashing your re-employment chances and telling people who request a reference that you were discharged for stealing is VERY slim.
That you have not found another job is not something you can dump totally at the feet of a former employer. It is a reality that hits millions of people a week. You were in a very high income situation. You were in the same industry, and even the same position for a long period of time. You're expensive, and frankly, you may have been becoming dated, as far as your skill set is concerned. At least, the employer could possibly have cut their operating cost by hiring a younger, less experienced person at a very much lower salary, and that's totally legal for them to do in an "at will" state, which yours is.
I would suggest that you contact a veteran's employment specialist at your local Career Center, possibly seek some counseling through the VA for your depression issues. These are practically inevitable in a job loss situation such as you are experiencing. But there's nobody you can sue for doing it to you. You are obviously taking this issue all over your family life, where you and your wife are not supportive of each other. This you perhaps cannot help, but you CAN help your daughter see how her dad deals with adversity. Set her a good and courageous example.
Instead of looking for others to blame and sue, you can work on moving forward with this. Call prospective employers, not attorneys. No, you do not have a case. You cannot sue an employer for letting you go, regardless of how much hardship it has caused you. The one venue where you could appeal and change what happened, which was unemployment, you prevailed. You won. Now, move forward. Perhaps update your skills. Downsize if you have to. Try a new industry or a new type of work, you're not really old. You have many years to move on.
justalayman
Senior Member
What was reported to the state is not provided to others so that doesn't affect your work opportunities. If the former employer is making false statements to prospective employers then yes, you might have a basis of action against the former employer. The problem; finding out if the former employer is giving false statements about you.
Taxing Matters
Overtaxed Member
You need to start exploring why you are not getting new jobs. It is not what the employer told the Unemployment Comp office that is holding you back; that is not a public record so prospective employers cannot find that out. If your old employer is telling prospective employers that you are a thief when, in fact, that is not true then you may indeed have a good defamation claim. But it does not appear that you know what, if anything, your former employer told prospective employers. I’d be surprised though if the old employer said you were a thief given the prospect of a defamation claim, especially since the employer apparently didn’t feel strongly enough about it to report to the police for prosecution.
Are you even getting interviews? Most employers don’t check references and prior employment prior to offering a first interview. They don’t want to waste their time if the candidate proves unsuitable in the interview anyway. If you are not getting interviews, that suggests the problem is likely not anything your former employer is telling prospective employers. Rather, it may be that your resumé is not very good. Modern trends in resumé screening are different than the last time you likely looked for work. Have your resumé reviewed by a professional recruiter, preferably one in your field, for feedback on things that you may need to fix to make it more appealing.
If you have had interviews but did not get hired, it is a good idea to ask politely why you were not selected and what tips the interviewer may have for you in future interviews. You may find that you don't come across well in interviews and need to work on that. You might consider doing mock interviews with professional recruiters to sharpen your interview skills.
If you truly think your former employer might indeed be tarnishing your reputation with false allegations of theft, you can try hiring an investigator to pose as a prospective employer, contact your old employer, and find out what they say to people calling for references about you.