Can I sue my former employer b/c they lied to unemployment about why I was fired and the appeals Judge ruled in my favor?

Asked almost 4 years ago - Rochester, NY

I was fired from my job b/c of my tardiness and absences, there was no HR present and I wasn't given any paperwork nor did I sign any paperwork. I received unemployment for a month then denied the benefits b/c the employer said it was b/c I came in almost 4 hours late to work one day without reason which was a lie b/c an e-mail was sent to the supervisor and the rest of the teamthe week b/f, letting them know and I also left a VM the morning of the day in question to inform them again of my coming to work late b/c MD appt.I was let go 3 days later. I appealed and won my case b/c the employer stated in court even if I would've come on time that day, I would've eventually been terminated because of my tardiness in December and they only kept me that long b/c they couldn't afford a vacancy.

Attorney answers (2)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . If you won your appeal, I presume you are getting all the unemployment you were entitled to. You can't recover twice by suing you former employer. The above is for informational purposes only and not meant as legal advice.

  2. Emily Bass

    Contributor Level 13

    Answered . My colleague's answer is correct: You cannot recover twice for the same injury. However, if it turns out that the employer is reporting factually erroneous information to others and the misstatements prevent you from obtaining a position with a particular employer, you might have a cause of action for defamation, interference with prospective business advantage or "prima facie" tort. Before proceeding down that route, you need to know that those are very difficult claims to prevail upon and very expensive to litigate.

    You should consult with an employment law specialist in New York and consider retaining an attorney to draft an appropriate letter to the employer, demanding that it delete any inaccurate information from its files and agree to the manner in which it will respond to future prospective employers.

    NOTE: As AVVO's Rules make clear, this answer does not establish an attorney-client relationship nor constitute legal advice. It is meant for general informational purposes only.

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