If my husband was fired from his job due to hearsay, is this legal and can he collect unemployment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband was fired from his job due to hearsay, is this legal and can he collect unemployment?
He was told by his boss that 3 people saw him doing something he wasn’t doing? They could not produce physical evidence on the issue nor would they tell him who lied.
Asked on December 13, 2011 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The hearsay rule is a rule of evidence which applies to trials--it does not apply to employment decisions.
If your husband has an employment (or union) contract, he can only be fired in accordance with its terms, so you need to review that agreement. If it limits the grounds for termination, provides a process for termination which must be followed, etc., that is enforceable.
On the other hand, if there is no employment contract of any kind, your husband is an employee at will and may, unfortunately, be fired at any, for any reason, with notice--including for the reason you describe.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.