employer is lying
What if my employer immediately used a labor law attorney to handle their dispute with my unemployment, and she outright lied on the response? I was terminated based on retaliation, and am filing with the EEOC against the company. In the mean time, they are doing their best to smear my name. They told outright lies and claimed I did things that never happened. I am beside myself. But, initially they denied my UI claim. I am waiting, two months later, to even get a date for a hearing. I am looking for work, and am close to getting another job, but have been struggling through the last eight weeks. Not to mention this employer did not pay me two commissions totaling $5k, and underpaid my vacation. They eventually cut a check for the difference in vacation, but have yet to pay the commission. I have never experienced or even heard of anything like this.
First, I would be surprised if "she" was actually, a labor attorney because this is exactly, what third parties handling UI claims for their employer clients do.
They make an attempt to contact employers for the "details" and then they write responses and answer phone calls from the state and pass on the information they were given by the employer.
Your job at the hearing is to bring your own proof that the employer is lying or ask the employer through a cross examination .. where there evidence is to support their lies.
Since I have no idea why you were in fact fired or why you were denied benefits, what I have to say is limited.
What evidence are you showing to the EEOC?
It seems to me that if you think you have a valid EEOC claim and can bring the employers action into question as far as whether retaliation occurred .. you could use the same to prove the employer chose to fire you in retaliation.
Do not forget that the "burden to prove" in on the employer, but that the very nature of this might require you to disprove with testimony and evidence that rebuts whatever they are saying.
If you want to speak with me regarding ways you might prepare for your hearing please find the tab to your left that says "consultations".