Legal Question in Employment Law in Massachusetts
Can I collect unemployment and sue my employer? I was recently told that I was being let go on the Sept 30th.. due to the company restructuring. However, there are other reasons for my departure. So, I'm not being fired; therefore can collect unemployement. Can the company deny it, if I sue them?
1 Answer from Attorneys
Yes, your applying for unemployment does not effect your right to sue for wrongful termination. Also, you can be fired and still collect. To be denied, in general, you have to committ a serious violation of company rules or do something against the employer's interest, such as stealing, or resigning. In applying for unemployment, I would say that you were terminated on the stated basis of a company restructure, which is accurate. As to whether you have any basis to successfully sue, I do not know. If you want to discuss why you want to sue your employer, please email, [email protected], or call at 617-426-7400. Bill Harrington