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Is my employer legally allowed?


to tell the unemployment office I was fired due to bad work performace and suspicion off stealing. He gave me no reason when firing me, i applied for unemployment and my former employer fought it. He told the unemployment office I was fired because I was not correctly doing my job and he suspected I was stealing. He has no proof of either, is he legally allowed to tell the unemployemt officer this, they are now saying I will have to fight to recieve the benefits

I live in NY, made about $179 a week and worked there for over a year. Does anymore know much much I will recieve each week if I win?

He has no proof I stole because I never did. I always did my job correctly. Also when I asked him why he was firing me he told me he just was, and never gave me a reason.

Yes. Employers don't have the same standards of proof as a court of law. He is stating what he believes to be true and that is 100% legal. Trust me I've been reporting that type of thing to unemployment offices for over a decade.

You'll likely lose -- but try anyway. It doesn't cost you to try to win.

Most states have the "right to work at the employers will." That means you can be fired for any reason. I would guess that your employer does have some kind of suspicion of stealing and you never did defend your bad work performance. Maybe instead of trying to collect unemployment, it would be good if you just went out and found another job to prove yourself. Also, do not give your former employer as a reference either.

The employer can tell UI anything they wish, and so can you. If the decision does not come down in one party's favor, that party (in this case, you) has the right to appeal the decision and is entitled to a hearing with an administrative law judge.

Appeal, and bring any documents or witnesses who can support your assertion - good performance reviews, evidence of pay increases, witnesses who can attest that you performed your job properly and did not steal, etc.

The amount you receive is based on a sliding scale of benefits based on your earnings and the area in which you live. Check your state's unemployment department website for a copy of the benefit scale in your area.

Good luck.

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