Help with wrongful termination

[pecosbob]

I've been working for a local convenience store chain here in Las Vegas for a couple of years and I just got fired by telephone by my District Manager. I posted recently in General about being assaulted at work by a customer that refused to wear a mask. Police and EMTs were called...lots of blood. They suspended me the day after Christmas and just today informed me of the results of their internal investigation. They determined that I failed to disengage with the customer when I had the opportunity and are terminating me for violating company policy. This means they will deny me unemployment insurance.

They failed to provide security for their employees yet required us to eject customers for various reasons during our duties, specifically shoplifting, public intoxication or drinking on the premises or non compliance with mask rules. I was beaten and left with multiple head and neck lacerations in the course of my job duties and now the corporation throws me under the bus.

I guess I need to contact an employment attorney. Primarily I'm concerned with ensuring I receive unemployment benefits but I'm not sure whether I need an attorney for that. Any advice or recommendations would be welcome. Thanks in advance.

[OAITW r.2.0]

1. Probably right about the employment lawyer.

I wish there was a class action suit for these kind of employment actions.....I'll bet you are not alone in the way this has played out all over the country.

[Sanity Claws]

2. They don't determine whether you get UI

Apply for it. Then the employer has to object and state a reason for the objection.
A hearing will be held. You get to find out about the alleged investigation and challenge it. They better bring witnesses or else everything is inadmissible hearsay.
You said there was blood. Were you injured? Did you seek medical help? Did you apply for workers compensation? Any chance they fired out in an effort not to pay workers comp? That would raise their premiums.

[pecosbob]

5. That's helpful. I already filed this evening online.

Police and Emts were called and I have the police incident report number. EMTs took extensive photos of my injuries, but I decided against treatment as the lacerations were minor. Store video surveillance caught everything but I would doubt that they want the video to be seen unless compelled. Another employee was involved and is also on suspension but as of today has not received a determination. I do have witnesses that corroborate my side of events that can be called on to confirm my claims.

I was unclear on the mechanism for the State's determination but I assumed there was some method of appeal if my claim were to be denied. Thanks...

[Sanity Claws]

6. Steps involved

If your state is similar to the process I know, you file your claim and the employer responds. The agency then makes a decision on paper. Either the employer or employee can appeal that initial decision and request a hearing.
At that step, you have to make sure your ducks are lined up. Make sure that you read all materials you get related to your matter very carefully. The materials should tell you due dates for things that you have to follow.
In the states that I know, you can ask the administrative law judge to issue a subpoena for the items that you need, such as the video you mentioned.
As for legal representation, there may be non-profit legal services near you that might be able to help. Start calling one or two and if they can't help, they might be able to refer you.
Go for it!
Good luck.

[JenniferJuniper]

3. File for it anyway, but

Nevada is an at-will state. An employer can fire you for any reason.

But file and if unemployment is denied, appeal.

https://www.nolo.com/legal-encyclopedia/how-appeal-unemployment-denial-nevada.html

I'm sorry this happened to you.

[asiliveandbreathe]

4. With emotions running high for you at this time, and "where do I go next"

I am sure you would have come to this link eventually..your story starts above, expand on it..cross the Ts and dot the Is..you will be glad you did..documentation is VERY important..

https://employmentlaw.help/nevada/wrongful-termination/

My best to you during this awful time...take care of your healing and continue to ask questions..I hope this is helpful..

It has been many years since my retirement..but, I was in a union environment.. did I have to let people go, yes, the rules for management were the CWA Union rules..I won't go into ALL the steps for dehiring..but, sounds to me you have a case - even if you are not in a Union environment..

[Karadeniz]

7. OSHA should be involved in workplace safety involving Covid. Maybe they are and I haven't heard

Of their becoming involved.

[3Hotdogs]

8. You have the prospect of three claims... unemployment, wrongful termination and workmen's comp injur

Your county bar association should be able to give you three names of labor lawyers.

I would go to your physician and describe the stress and anxiety you are experiencing because of the attack. How it affects your sleep, relations with your wife ( if you have one) and so forth.

This information should be brought to the attention of your W.C. lawyer. Get a lawyer as soon as possible, so as to avoid the tapes being erased.