Is this legal?

jonri
Fri, 14 Jan 2011 01:18:52 +0000

Please…don’t get legal advice from this board. It’s stupid to do so.

If there’s no union, it’s a matter of state law. So, you need to talk to an attorney in the state where your father works. Whether you can collect unemployment and who has the burden to prove a firing was/was not for cause depends upon state law. What else can be done also depends on state law.

I’m not saying he should rush out and hire an attorney now. You might try googling unemployment compensation and the name of your state. Look for an official government website specific to the state in which your dad works which will explain who does /does not get unemployment in your state, who has the burden of proving that a firing was for cause, and how long a former employee has to appeal a denial. Then, if your dad is actually terminated, you’ll have a better idea of whether it makes sense to see an attorney and what his options are.

The laws in this area are specific to particular states, so look for the website of the agency which hears these cases in the state where your dad works.