Does my wife have the right to at least fight to collect unemployment? 5 Answers as of February 19, 2014

My wife was arrested for using counterfeit bills. She is on suspended leave until her case is cleared but her employer only gave her 8 weeks, not enough time for her to go through the system and clear her name. There is no question about her being victim of the situation. Her case will eventually be dismissed or found not guilty but they just won't give her more time. Does she have the right to at least fight to collect unemployment? To note that our criminal law defense attorney might request to suppress evidence from an illegal search on her purse where they found a pay stub from her employer. If that search hadn't happen they wouldn't have report to her employer. As of now, she is suspended without pay. Anything can be done to protect her job or at least be able to collect unemployment until her case resolved? Thank you for your time.

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KEYL ADR Services, LLC | Mark D. Keyl
If he is suspended she cannot get unemployment, because she is still employed. If they laid her off or terminated her she could then apply.
Answer Applies to: Mississippi
Replied: 2/19/2014
Law Offices of Linda Rose Fessler | Linda Fessler
Even if the case is dismissed, employer can fire her. She can try to get unemployment. If she does not get it, she can always appeal.
Answer Applies to: California
Replied: 2/19/2014
Law Office of Jack Longert, LLC | Jack Longert
In Wisconsin, she can apply for unemployment. She may have to prove that she was not fired for good cause.? The system is complicated and she should consult with someone in her area who knows unemployment compensation.
Answer Applies to: Wisconsin
Replied: 2/19/2014
She should be eligible for unemployment in GA, but she will need an attorney experienced in unemployment law to win this. Most of the facts stated will not be relevant in the UI case. There are no suppressions in civil matters. That only applies to the police, not to GA DOL, and not to the employer.
Answer Applies to: Georgia
Replied: 2/19/2014
Fox & Fox, S.C. | Richard F. Rice
The State determines if your Wife is eligible for unemployment so she should file a claim. Contact an attorney if needed.
Answer Applies to: Wisconsin
Replied: 2/19/2014
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