i applied for a position at a school where i had to get fingerprinted and submit to a background check. i passed and was hired. i applied for a job as a residential tech i filled out the app the same way i did with the school. i get hired at the new job as a residential tech only to be fired a month later because i didnt pass a background check. employer states i lied on my application so i was denied unemployment. to the best of my knowledge i filled out that application and had no doubt in my mind that i would not pass a background check. the had to go to the same place to be fingerprinted for both jobs. i did not lie on my application i honestly had no idea and logically if i knew i could not pass the requirements for the job i would have never applied. what would have been the point
Employment / Labor Attorney
File for unemployment. Sometimes the employer will not oppose. If you don't get it the first time, you can ask for a hearing before an administrative law judge, usually.
I don't practice law in your state but you can probably get a free consultation from someone local. Try National Employment Lawyers Association for a referral.
David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.
Employment / Labor Attorney
Appeal the unemployment decision. Make sure you do it before the deadline. Then request a copy of your personnel file from your former employer and get a copy of your file at unemployment. You should seriously considering hiring an local employment attorney to represent you at the hearing. Workers who have representation generally have more success than those who do not, and the cost for the hearing should be reasonable. You can search for an attorney on Avvo or contact the National Employment Lawyers Association for a referral.
This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.