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My daughter was let go from temp to hire job that she was told she would be hired perm at end of August. She worked night shift

Minneapolis, MN |

5pm to 5am. She worked Sat night 4th of July weekend all by herself in a large plant. No supv was on duty. When she left bldg at 10pm for dinner break, she discovered her car wouldn't shift gears. She called her dad for help. He had to drive 30 miles to get to her. She went in out of bldg while on her break to try to get car working. The following Weds she gets called by supv to come in & talk about misuse of breaks. She explained what happened, but they fired her anyway. She was in tears pleading for her job. They told unemployment office first it was for lack of work. When my daughter told her side of story, they came back & said she was let go for mouthing off. This is not true. Now she's being denied unemploy benefits. What can she do to fight this? This is also affect
her other job

opportunities. She had a 3rd interview with another company and they did not believe her that no supv was on duty. She didn't get the job even though it appeared they liked her and she was very well qualified. How does she clear her reputation from false accusations?

Attorney Answers 1


Your daughter should immediately appeal the denial of unemployment benefits because she only has a very limited period of time in which to appeal. Generally, if you quit a job, you are not eligible for unemployment benefits unless you had good reason to quit caused by the employer. However, if you are fired, you are eligible for unemployment benefits unless you were fired for employment misconduct.

It sounds like the employer is saying that your daughter was fired for employment misconduct, and that is probably she was denied. However, based on your description, it doesn't sound like misconduct to me. There are any number of ways to argue that your daughter's behavior was not employment misconduct.

I recommend that you consult with an attorney about your situation. As I mentioned, you only have a very limited amount of time in which to appeal, and your case is over unless you timely appeal the denial of benefits.

This answer is intended as general legal advice and may not be applicable to your particular situation. I am licensed only in Minnesota and the answers that I may give on Avvo may not pertain to jurisdictions and situations outside of the boundaries of Minnesota. Reading this answer does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C., nor are you a prospective client under Rule 1.18 of the Minnesota Rules of Professional Conduct. To become a prospective client and receive the protections afforded to you by Rule 1.18, please set up an initial consultation by calling me at (763) 450-9494. I encourage all persons who ask questions on Avvo to consult with an attorney about their situation and legal options. To that end, please call me at (763) 450-9494 to set up your initial consultation.

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