If my husband was fired from his job due to hearsay, is this legal and can he collect unemployment?
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If my husband was fired from his job due to hearsay, is this legal and can he collect unemployment?
He was told by his boss that 3 people saw him doing something he wasn’t doing? They could not produce physical evidence on the issue nor would they tell him who lied.
Asked on December 13, 2011 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The hearsay rule is a rule of evidence which applies to trials--it does not apply to employment decisions.
If your husband has an employment (or union) contract, he can only be fired in accordance with its terms, so you need to review that agreement. If it limits the grounds for termination, provides a process for termination which must be followed, etc., that is enforceable.
On the other hand, if there is no employment contract of any kind, your husband is an employee at will and may, unfortunately, be fired at any, for any reason, with notice--including for the reason you describe.
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