Sorry to hear about what you are going through!

Your second post is closer to the position you need to take than the first post. But I’ll start with the first: 1) being “set up” is not illegal, unless they did it BECAUSE OF a protected class you belong to, like “age” (people over 40). 2) Resign/fired doesn’t matter that much, but rather “did you lose the job due to know fault of your own?” So the you need to say this is insubordination stuff is trumped up b.s.; going over this in detail would be more appropriate in the Academy forum (private) than out here; 3) the fact that the replacement was younger, and they didn’t bother to interview older applicants is the most important part of this; 4) If the slander only appears in the record of the unemployment benefits appeal, then regrettably there’s not much you can do. Judicial pleadings are privileged from slander claims. If the same person repeats this outside of the context of the judicial proceeding, then it’s actionable slander you can go after them for. 5) At-will employment doesn’t require a reason, but if a company wants to avoid paying UI benefits the company is required to give a reason — and the reason must show that it’s the employee’s fault.

Your recent positive performance and positive history with the company show that you did not have an ongoing attitude problem. Tell them that you are ready, willing, and able to go back to work. If they had some recent issue with your communication style you only wanted them to train you, not fire you. Be sure to say that you loved your job and want to still be there working, and that you totally believe you could be doing a great job for them right now if they would only explain what you did wrong — so that you can fix it.

That “I want to be there working” attitude will go a long way in showing to the ALJ that your termination was “no fault of your own”.

Also, explaining that you see now that the reason they didn’t explain to you how to fix the problem and keep your job is because they wanted someone younger. They fired you on trumped up, fake charges, and then immediately installed someone younger without so much as taking applications from older applicants.

Good luck!

-Curt

P.S. If you’re interested in the Academy, where we can freely and privately discuss this kind of stuff, you can sign up to try it here for as little as $15/month: http://undercoverlawyer.com/amember/signup.php

I’m appealing a recent UI denial of benefits. My phone hearing is scheduled for next week. I’ve been demoralized and now have to defend my right to collect UI.

Is any of this Wrongful Termination; Constructive Discharge, EEOC violation?

1. The “miscommunication” that prompted my firing was staged (it was a set-up).

2. Supervisor tried to coerce me to resign, but ultimately fired me for insubordination.

3. Several days after my firing, a full-time replacement was hired to take my place. My replacement was someone my newly hired supervisor used to work with. Coincidence? The opening was not advertised, nor were other applicants screened.

4. The employer’s statements are slanderous and damaging to my career. They are on file as public record.

5. The employer had motive for my firing and is evading payment of UI by claiming insubordination. At will employment doesn’t require a reason.

It’s their word (3 written statements with false accusations) again my word. What can I do?

Thank You
Mayz

How do I win this in my interview, they are totally wrong, and I know this has something to do with my boss, not liking me.

</div> Article From 5 Star Articles There is plenty of information here if you need to file your unemployment claim right away. Coming soon, however, will be my full report on filing successful unemployment claims. Even if you can't…

Battery is an unlawful touching that causes “damages” to the person who is touched. Damages can be things other than physical damage, but in your example the model WAS physically damaged (bruises), which would also impair her earning ability.

Remember, throughout your application and during any hearing on your application, you always answer that you were ready, willing and able to continue working in the job you loved *except for* the illegal harassment.

Yours, -Curt

Well he wrote me an email today stating that he did not agree to let me finish out my two weeks. So I am planning on filing unemployment tomorrow. Should I file under early termination or hostile work environment due to an overly sexual environment?

I would really appreciate your advice as I am in no position to be without work, but felt obliged to resign after what happened with my model. My reputation in my industry was at stake if I continued working with this guy…

Thank you!!!