Is there a case when being threaten by an employer if you apply for unemployment after firing you ?

My son was fired a few weeks ago. He was working at a bar/restaurant in which it did not have a problem with give out free drinks, half price for meals etc. On this particular day he was schedule to work double shift in which my daughter visit the location and had order an entree with a drink. Due to my son waiting on the tip money at the end of the shift to pay. Except of the employer asking questions, he made the decision to fire my son accusing him of stealing a meal and a drink without any opportunity to explain the situation. Now the problem is that he apply for unemployment, however the employer send him a threatening email that if he claims unemployment he will accused him of theft. But in between all this the employer has yet send him the last paycheck or the earned tips. Can this case been taken to court?

1 answer  |  asked Mar 8, 2017 3:53 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Has he applied for and received Unemployment?

He needs to honestly apply. Apparently the reason he was fired was for alleged theft.

He state that reason then waits for employer's response. He then asks DOL for a hearing if he disagrees. The judge decides who to believe.

Employees at will have no recourse unless he was discriminated and he can prove race, religion, national origin, because of his sex, etc. . The Title VII civil rights mostly.

Wish him luck. He needs to be very honest at DOL. I have seen people who should not have received benefits get them because they answered honestly. I have seen other people who should have received benefits be denied because they were not honest.

Unless the owner spreads false rumors which causes him not to get another job AND he can prove those rumors false and believed by hiring authorities not much more unless he had a disability, etc... discuss with an employment lawyer.

posted by V Jonas Urba  |  Mar 8, 2017 7:29 PM [EST]

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