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Employment Law/wrongfully terminated

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Question
I feel I was wrongfully terminated, they accused me of knocking another employees hardhat off his head. I did not touch his hat. There was a video camera were this occured. Also there was witnesses.  Now im trying to receive unemployment benefits I work in Texas. Will I still be able to receive them. Unemployment website says I am ineligible if I violated companies code of misconduct?

Answer
John - Unless there is a written employment agreement, there is no such thing as wrongful termination for private employees.  That does not mean you cannot get unemployment benefits in the circumstances you describe.  What you need is to convince the referee that you did not violate company policy, either with a witness or some other evidence in addition to your testimony.  Ask the referee to request a copy of the videotape for the hearing.  Good luck.

Employment Law

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Margaret M. deMarteleire

Expertise

I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.

Experience

Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Education/Credentials
Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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