Legal Question in Employment Law in Illinois
My daughter was fired from her job as a CNA. A recently hired employee had been saying that my daughter was threatening her. The supervisor fired my daughter the next day. In the paper work it states that there was an investigation done. The supervisor refused to give copies of any of documents or "previous write ups" to my daughter. Now my daughter has been denied unemployment and has been told by another employee of the company that the supervisor asked that person to sign a blank form as a witness. The employee did in fear of loosing her job. Only to find out later that the supervisor back dated write ups to justify the firing. My daughter had never had any write ups or complaints in her HR file. When she spoke to the HR department they had no idea of the firing or any incident. How would we go about fighting this? Would she even have a case?
1 Answer from Attorneys
She should absolutely fight this. She is entitled to unemployment unless the employer can prove she engaged in misconduct which, in the unemployment ocntext, is narrowly defined. Has she had her IDES interview yet? I'm happy to help if and when she is denied benefits.