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I won my unemployment appeal. Can I now sue my former employer for wrongful termination, punitive damages and humiliation?

Willingboro, NJ |

I was terminated for something I did not do and I was penalized for 8 weeks from unemployment. I appealed the penalty and it took 8 months to finally get my hearing. It was supposed to be continued because the appeal tribunal ordered my employer to send me a copy of the supposed video taped evidence (which I never received nor did unemployment). Two weeks later I find out that the person who had me terminated was fired. And a month later I got a letter from unemployment stating that the employer had no grounds to terminate me. I have been under a lot of stress and went through a great deal of humiliation because I was labeled a thief and it was proven that I wasn't. Can I sue my former employer for punitive damages, stress, humiliation???

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Attorney answers 3


Your case was determined under eligibility to collect unemployment benefits. Employers may fire an employee at will except for discrimination under the protected class. You may want to review the details of your case with an employment attorney if you believe there may have been discrimination in your case.

973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


The easy answer is that anyone with $200 for the filing fee can start a lawsuit. The harder question is whether it is worth the while of an attorney to take your case. From your brief description, it does not appear that you have a case. If you feel strongly enough, invest in a consultation with an experienced employment lawyer. Good luck.

A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.


Your case is an absolute loser.

Advice provided is general in nature and should not be relied upon without retaining qualified and experienced legal counsel who is able to review in details the precise facts and details of your legal matter.The law firm of Hanlon Niemann and fredrick p niemann disclaims any express or implied guarantees or warranties associated with this response.