Employer maliciously lied (to PA Unemployment causing my claim to be denied - can I sue the employer for this?

Asked over 1 year ago - Lansdale, PA

I was "constructively discharged" from my job after I decided I could no longer take the gender discrimination and being forced to work without being paid OT or straight time for my additional hours (after the DOL told them they had to pay me OT a year ago). I filed a complaint with the EEOC office who evaluated my case and said it was very strong and also added Equal Pay violations to it. I also filed a complaint with the DOL about the overtime as well. When I filed for unemployment, I was denied because my employer said I quit because I wasn't happy about my pay!! That is a complete lie!!! Now I have to give up my apartment because I can't afford it while I wait for this appeal. Can I sue my former employer for being malicious because of the other complaints and retaliating by lying?

Attorney answers (3)

  1. Timothy M. Kolman

    Pro

    Contributor Level 6

    2

    Lawyers agree

    Answered . You can sue your employer once the EEOC gives you a right to sue - or your attorney can request it after 6 months. Constructive discharge is a high standard to meet but youy may have it. You have a lot of moving parts here and need an experienced employment lawyer to guide yo through.

  2. Edward Clement Sweeney

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You have several good theories here for an experienced employment lawyer to get a good result for you. However, "lying to unemployment" is not a lawsuit and is not grounds for recovery. Sometimes I find my clients focus on things that really upset them but are not causes of action. Your only real bet for relief on an unemployment claim is through the unemployment system, so you should appeal the denial.

  3. Harry Edward Hudson Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Sounds like retaliation to me. The damages for which could be a lot. See the state agencies again and add the retaliation to your complaints. Retain counsel

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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