Do you think my unemployment claim will be approved?

Question

I worked at a daycare facility for 11 years up until last Friday.  I attempted to prevent a child from running out of the room, and I scratched her arm.   I immediately reported it when it happened, and believe me it happens all the time to all the teachers.  

The child has behavioral problems that the director and other teachers are aware of.

I told them it was an accident when they confronted me the very next day, they brought the parent in too to ridicule me.

The new owner of the facility has recently been firing all of the older employees because their hourly rate is more than minimum wage.  They are having a hard time keeping the place running, so I know they fired me for other reasons.

They told me that I used excessive force but I told them it was an accident, but they did not care and said it was grounds for immediate termination.

For 11 years I never have been written up and have always had positive performance reviews.

The other teachers told me that the new owner tries to fight every unemployment claim, but has lost almost all of them when they are appealed.

Do you think I will win?

kapn · Accepted Answer

Just file and let them sort it out............hard to tell..........

NorthCarolina · Answer

I don't know a whole lot about unemployment law.  I'm waiting to see if I'll be approved or denied now.  If what you're saying is true about not having any write-ups in 11 years I would be very surprised if you didn't get unemployment.  You mentioned that other staff members knew of this particular child's behavioral issues.  It may be wise to get something in writing from another staff member, which would probably have to be one that has already been fired because the others may not want to risk their job.  I think you'll be fine, but don't let your guard down until it's all said and done.

Anonymous · Answer

it is going to believe in the state you reside in. Texas, working example, is an "at will" employment state and that they are able to hearth you for rather oftentimes regardless of. Denying you unemployment is yet yet another seize 22 concern. they'll oftentimes deny the declare - so far because of the fact the employer is traumatic, you violated producer coverage via arriving previous due. they are able to have all kinds of info to returned them up - that's what agencies do - safeguard careful archives. Unemployment is regularly for human beings laid-off or fired for unjust motives.

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Do you think my unemployment claim will be approved?

3 Answers