Unemployment after being fired for retaliation

by Jenn
(Longmont, CO)

I have my unemployment appeal in a week. I was at my job for 4 years, receiving praise and raises throughout. After questioning corporate being unhappy with our location, I was told that nobody's job was in jeopardy. I received an email from the Owner and CEO 2 weeks prior to being fired, thanking me for my hard work and dedication.


I complained about sexual harassment to a corporate supervisor and questioned something I was asked to do, that (as it turns out) IS illegal. A month later I was fired, given a letter of termination (which I didn't sign). The letter dictated two items that I can prove are false allegations. I have emails from corporate to prove this.

I filed a complaint with the EEOC and they are investigating.

I then filed unemployment and my previous employer is fighting it.

Is this cut and dry as far as me winning the appeal? Unemployment has a copy of the EEOC complaint, with the evidence.

Thanks!



One can only hope it's cut and dry with the evidence you're going to submit and testify to at the UI hearing Jenn.

But my point of view is quite clear about winning unemployment hearings as well. Although I realize some people are quite capable of representing their own interests quite well at appeal hearings .. I know it is only a small minority that actually win their hearings.

And, the reasons for losing is not always due to a lack of evidence of good cause for quitting, or for rebuttal of an employer's burden that misconduct occurred. It's the claimant's lack of legal prowess and errant behavior by those running the show (I mean the hearing officer) and bold face lies told by employer witnesses .. often those with a vested interest in proving you were at
fault ..vs themselves, which could of course endanger their own job.

It is why i think three to five hundred dollars for professional representation is worth it in the long run .. because a professional understands how to protect your rights to due process during the hearing to enhance the possibility of a board appeal working .. should something go wrong for you during the hearing .. that may feel entirely out of your control .. like going speechless or not picking up on something the employer testified to that can be used to discredit them on cross examination and fortified with your testimony and evidence.

Colorado is a tough state to get benefits in (20 percent vs. the national average of 30 percent recipiency). That's the given.

I would say that what you've got going for you is you is that you must of already convinced a deputy (the one who issues the initial determination) you deserved to receive benefits. If you now tell me the employer is fighting your benefits, I'm assuming they are the appellant.

But, of course, they are the ones that must sustain the burden that you committed misconduct.

They are in the position of defending their choice to terminate your employment and that can only be misconduct for purposes of determining unemployment benefits.

You on the other hand are there to discredit your employer .. and their burden.

You have the right to make objections, cross examine ER witnesses, call your own direct witnesses and present your own evidence.

And, you have the right to request a continuance if once you get on that phone for the hearing, you find you made the wrong move choosing to represent yourself.

I do however wish you the best and would love to help you celebrate just a bit, when you win Jenn:)

Click here to post comments

Return to Can I get unemployment if I have been fired?.

} }