MY FORMER LIED TO THE UNEMPLOYMENT OFFICE?

[janyd]

Last January I was terminated from my job as a Teller with a local Credit Union for having a teller difference while being in my probationary period. Well, long story short: The fraud investigator accused me of theft, said that there was 'questionable activity' on the videotape and made claims that I made statements in which I never did.

Last month in March I finally decided to file for unemployment. I spoke with someone from the unemployment office about my claim and told them everything that happened.

Fast forward to today and the information the woman gave me was a little unsettling. My former employer lied to the unemployment office. As I said above, I was falsely accused of theft, but according to the woman with the unemployment office, she was told by the Branch Manager that after they reviewed the surveillance tapes, nothing could be considered as suspicious. My former employer also said that it was policy for employees not to keep their phones in their drawers. In reality, that policy never existed. They said that they think I may have kept my phone in my second drawer, but they weren't sure if it was a phone or not and that they never mentioned this to me when I was being investigated because they didn't thing it was a problem. The thing is: I never kept my phone in the drawers. My phone is always in my pocket.

I am kind of shocked that they would have the audacity to lie to the unemployment office.

Could I possibly sue them for defamation of character? Do you think my claim will be denied?

[panteno]

There is an appeal process for UI. When you appeal the only thing they have is the phone thing. Your statement is that (a) you kept your phone in your pocket and (b) ask them how they told you the rule that you couldn't have your phone in the drawer.

You have no claim for defamation.

[abelard29]

You can refile...and ask for a despite resolution. I had an employer who did this. I hurt my arm waitressing and HE told me to file UE. It was accepted...then he denied it...I got stuck with overpayment! But FIGHT it.
It makes me angry because we are the ones who pay into UE!

[wakeley58]

Impossible to say from the outline you've given, but be aware that defamation cases are hard to prove and often very unpleasant to pursue. Even if you 'win' you could end up wishing you've never started the case.

[hob97]

No. You can appeal the claim if denied.