Russell L Lichtenstein’s Answers

Russell L Lichtenstein

Atlantic City Employment / Labor Attorney.

Contributor Level 5
  1. Employment Law

    Answered over 5 years ago.

    1. Russell L Lichtenstein
    1 lawyer answer

    You know what they say -- if it waddles like a duck, and quacks like a duck, it's probably a duck. It certainly sounds like you have been the subject to unlawful retaliation for engaging in the legally protected activity of reporting CLB violations to the Board. Your chances of success improve in such a claim because of your former employer's inability to come up with a story that they can stick to (first you are terminated "because they can" and now because of some alleged insubordination.)...

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  2. If a former employer tells the unemployment compensation board my reasons for leaving were 'irrational'. Can I sue for libel?

    Answered over 5 years ago.

    1. Russell L Lichtenstein
    1 lawyer answer

    While state laws differ on this topic, the majority view is that statements made by employers in connection with unemployment inquiries enjoy a qualified privilege. Moreover the "irrational" comment appears to be more a statement of opinion rather than an actionable statement of fact. Additionally, most states do not release information concerning an employers response to a request for unemployment benefits. While you should check with an employment law specialist in both Florida and...

    1 person marked this answer as helpful