How do I prove self defense against a co-worker in order to win unemployment benefits?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I prove self defense against a co-worker in order to win unemployment benefits?
I had had problems with a co-worker. This co-worker was a trouble maker. We both had received disciplinary actions from a year earlier. This co-worker followed me to my work area and pushed me. I defended myself. I was fired; she wasn’t. I filed criminal charges against her. Now I’m being denied unemployment benefits because of misconduct. What do I need to
do to prove self defense. What do I do to win my unemployment benefits?
Asked on August 13, 2016 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You may not be able to get unemployment benefits: you fought with a co-worker. Engaging in fighting by what is often termed "mutual consent"--i.e. when you were both "spoiling" for a fight, or inciting each other; or when you were pushed, but then retaliated by punching or escalating the conflict--is often just as bad as being the aggressor. You also write that you had previously received disciplinary actions, which means that you, too, were a "trouble maker" from your employer's point of view. While you can and should appeal the denial and tell your side of the story, be aware that under the circumstances you describe, you could be considered to have been fired "for cause," which is grounds to deny you unemployment.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.