Is it legal for an employer to change the reason for termination regarding unemployment benefits?

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Is it legal for an employer to change the reason for termination regarding unemployment benefits?

I was fired because I was trying to explain something to my employer she told me to shut my mouth and then said forget it we are done. She told me I was fired because I talked too much then I received a email for the separation letter saying that I was fired for lack of preforming job. I filed for unemployment and then she went back and said I was terminated for violating policy and procedures. I felt like she changed what was originally said so that I wouldn’t get the unemployment.

Asked on September 1, 2016 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is not specifically illegal for the employer to tell the employee one thing but unemployment another; the law does not require an accurate, complete, or truthful explanation to the employee. But the information provided to unemploymet must be accurate; if you believe that this is not why you were terminated and are entitled to unemployment, you can appeal the adverse determination and force the employer to prove the reason for your termination. Ask the unemployment office/agency for the appeal procedure--if you lose the in-house appeal, you even have the right to bring a lawsuit and take it to court, if you wish.


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