Legal Question in Employment Law in Maine
Human Resource Manager lied twice to prevent unemployment benefits
My HR Person gave false statements on two seperate occassions, in order to prevent me from obtaining unemployment benefits. These statements were supposed to be true that he gave but- they were not. 1. HR reported that I had quit my job without giving notice or reason. He actually terminated me from my position as a pharmacy technician. 2. He also reported on a different occassion to the unemployment office ( after I had won the right do receive benefits. That I had taken one week off from my job. When in truth the HR person told me to take one week off with no pay, then meet again with him when he had returned back from a business trip to Harrisburg, Va. I did as he instructed. My question is do I have the right to make a claim against him. Slander, liable or lying under aoth ?? Thank you for your time and attention to this matter.
Regards,
Deb Davis
1 Answer from Attorneys
Re: Human Resource Manager lied twice to prevent unemployment benefits
I hope you have documentation of your claims, because when you takee them to the unemployment appeals board, they're going to want more than just your word against his.
It is a federal and/or state offense to give false statements to unemployment agencies, period. If your employer did so to prevent you getting benefits, and you can prove it,--they're in a world of trouble. It's not a defamation issue, it's a reporting to the government issue.
It does sound like what happened to you is that you indeed took a week off without pay, as a matter of choice. It didn't matter that the HR person made a RECOMMENDATION, the bottom line is that you didn't have to take the week off and you did...which it sounds like probably lead to your firing.
You'll have a hard time showing that this wasn't voluntary, so you may want to retain local counsel to sort through your options. In an HR-said, you-said battle, you'll need more than your word to prevail.
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