Denied Unemployment/Wrongful Termination

[knacbullwhip]

I realize that AZ is a crummy state to work in, but I have to believe that I am being wronged in this situation.

I got a letter from the AZ dept of unemployment stating that I've been denied benefits because my former employer has proved that I was "grossly negligent and careless" despite several warnings.

Firstly, I performed my job with the utmost and care and with the highest quality possible. Secondly, I was never served with any prior warnings. Thirdly, I was informed by a former co-worker that a mere 2 days after my termination, my replacement was brought in at several dollars per hour less than I was making. I suspect that my former employer was looking for a reason to get rid of me because I was one of the highest paid hourly employees there. Any advice?

 

[Patricia_Young]

Yeah, appeal. However, this nowhere NEAR a wrongful termination. May have been unfair; doesn't make it illegal.

 

[hbobet]

yes you can appeal and go in front of a mediator to settle this make sure you have details, peoples names, phone numbers, and everthing that happened that day..

 

[Hideoutcabins]

Generally, this matter could and probably would be settled with an appropriately styled letter to the administrator responsible for your previously assigned area. When I style such a letter, it's written as a NOTICE OF INTENT. Primarily, you should state you believe you were wrongfully terminated and why you think that. Additionally, you should let them know you attend to contact a labor relations attorney on a specified date. You should state what you want, (no more than actual lost wages, vacation time, etc.) and give them a suspense date. Finally, your letter should state your intentions to file in a civil court both jointly and severely and name the responsible parties. You will very likely get quick results.

 

[cbg]

A wrongful termination means that you were fired for a reason specifically prohibited by law. What law do you believe was violated by your termination?

 

[Green_Hornet]

Talk to a employment attorney, Arizona unlike most right to work states have some pretty good employment laws. A.R.S Tittle 23 embodies the bulk of them.

A.R.S 23-1501 offers a retaliatory discharges statute. A.R.S 23-1502 offers a Constructive discharge statute.

The public policy of this state is that:

1. The employment relationship is contractual in nature.

2. The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship. Both the employee and the employer must sign this written contract, or this written contract must be set forth in the employment handbook or manual or any similar document distributed to the employee, if that document expresses the intent that it is a contract of employment, or this written contract must be set forth in a writing signed by the party to be charged. Partial performance of employment shall not be deemed sufficient to eliminate the requirements set forth in this paragraph. Nothing in this paragraph shall be construed to affect the rights of public employees under the Constitution of Arizona and state and local laws of this state or the rights of employees and employers as defined by a collective bargaining agreement.