My former employer is fraudently denying my unemployment benifts.Can I sue him?

Asked almost 5 years ago - Advance, NC

My former employer is stating that I left work without cause. Because of this my unemployment benifits have been denied. I have 2 signed and notorized affidavits from former employees (who left of thier own accord) stating that they were present at the time of the conversation and will affirm that I was told to leave. Obviously this has caused me much financial strain. My house is about to go into foreclosure,car about to be repossed,numerous other bills have gone unpaid. What is my course of action?

Attorney answers (1)

  1. Nigel Stephen Malden

    Contributor Level 10

    Answered . If your unemployment benefits come from the state like in WA, you probably have to go through the state unemployment department's established procedures for making the claim. If the state initially finds against you based on paper submissions, you appeal asking the agency for a hearing. At the hearing you get to challenge the affidavits, call in your own witnesses etc. In many states, you must go through all of the state agency's hearings and appeals before seeking court review (on issue of entitlement to unemployment benefits). A claim for wrongful termination against the employer can often proceed independently of any unemployment comp case but that seems to be outside the scope of your question. State law usually governs state unemployment claims so you should discuss exactly how this all works with local counsel.

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