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  #1 ()
CobyStoll : my boss lied to me about something i did so i told her she needed to stop making things up and she suspended me for 3 day, after the three day suspension she terminated me for those 3 days i was suspended because she said i did a no call no show and denied i was suspended witch denied me unemployment can i sue for this, i.e. slander for my employment record, falsifying a legal document?
i knew she was a shady bitch so i recorded our conversation where she told me i was suspended then later claimed at an unemployment hearing that the days i wa suspended i really did a series of no call no shows.

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  #2 ()
gusladdnet : You can definitely take legal action. Go to the labor force in your local state. Just google it and talk to them about what you can do. It's their whole job to do that studf
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  #3 ()
oncall463 : evidence ought to have been shown at the hearing. if we failed to produce we may have weakened any unfair dismissal basis. check with a lawyer for chances of a successful case.
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  #4 ()
nawHydayassup : While it is an unfair situation I hate to be the bearer of bad news but....

Its illegal to record someone without their knowledge and permission, so your recording cannot be used in a legal case.

You probably live in an At Will state where a employer can fire you without good cause. You would have to prove what you are saying. That you were told you were suspended and have documentation of that. Your recording unfortunately cannot be used.

Even if you could prove it she could turn around and just say that she is firing you for insubordination. So Either way she has the advantage.

Try to nail down some paperwork or go a local labor union and get some advice on how to proceed.
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  #5 ()
Liaffobilfeli : Check with your states wire tapping laws to see if you recording the conversation was legal. Some states require both parties to be aware of the recording device being used. You might be able to use the recording to appeal the denial of unemployment because that is not a court of law and the recording maybe able to be used regardless of what the wire tapping laws are in your state.

Now if the law only requires one person know of the recording device during a conversation then yes you do have a case and could take her and your former employer to court. You could get her for falsifying employment records.
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  #6 ()
CrycleClomoto : Can you sue? Maybe.

The first step is to try to appeal the UI ruling. If you had the tapes but failed to produce them, it is unlikely you can appeal, as you do not have "new" evidence.

I would also look at filing criminal charges against them for falsification of govt. documents, and, possibly perjury, as the hearings are usually sworn testimony.

Some companies have strange rules, to where if you are suspended, they want you to call and check in every day. If that was the case, and you did not do it, then technically, it is a "no call, no show." Other than that, it sounds like you were done wrong.

However, I am not sure if you could bring some sort of action. It would probably not fall under employment law, which is what I am most familiar with, but possibly slander, defamation of character, etc. To fall under employment law, you would have to be terminated for making EEOC complaints (or EEOC protected status), whistle blowing, retaliation, refusing to comply with orders to break the law, etc....

When you file a lawsuit, one of the initial steps is for the lawyer to send a "demand letter," prior to filing the suit. It is entirely possible the company would be willing to settle at that point, to avoid negative publicity and the cost of litigation, which is expensive. You would need to have a realistic idea of what you would settle for. Make sure that clearing your name is part of that agreement.

Filing a suit is not easy. The process can take several years, and during the discovery process, your whole life is made known to the other side. They will want your tax returns, the names of everyone you have talked to about this, all correspondence, to include e-mails, that you have written about it. If you are seriously contemplating this, I encourage you to proceed with caution from this point forward as to who you talk to and what you put in writing.
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  #7 ()
rebecontannyM : If my neighbors called the cops on me for smoking marijjuana. What rights do I have? If my home smells like it is that enough cause for them to search it? Also, what would happen if I don't open the door for the cops
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  #8 ()
Daudiodia : If the police smell it, then they have probable cause. Smoke in your innermost bathroom or basement or better yet use an evaporator they produce almost no odor.
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  #9 ()
Lootourry : THe cops will need a search warrant to come into your house.
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  #10 ()
GemNernpype : right so this is a legal issue and you don't even state your location....
you do realise that laws change from state to state, county to county and city ordinance to city ordiance right?

for example, if in states that have legalized it's medical use (or personal or recreattional use), there there are legitimate legal reasons why marijuana smell might be present. In a state that has marijuna still criminalzed, well it's a very different story.

and as with all questions about what happens (legally) if I do this or that, ask a lawyer who knows your local laws.
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