Fired by employer for refusing to commit voter fraud?

by Valerie
(Robinson, IL)

I was recently dismissed from my position at a non-profit company which provides care for developmentally disabled adults. I was dismissed on a claim by my former employer that I violated a company policy.

My unemployment claim was processed and I began to receive benefits, but the company appealed. The hearing was on 9/23/15. I am presently awaiting the outcome of this appeal.

My problem is, I believe that the event that I was fired for (employee complaint against me as her supervisor) was not the real reason for my termination. I believe the actual reason was that I refused to commit voter fraud.

I was given the task of registering fifteen developmentally disabled adults to vote in the state and Federal elections - some of the individuals were not able to state their preference for a candidate. When an individual was unable to tell me who they wished to vote for, I submitted blank ballots. This was not what my employer wanted!

What can I do about this? Should I report this to someone? Thank you for any information or direction you can give.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Fired by employer for refusing to commit voter fraud?":

Valerie (Robinson, IL):

From the facts you present, there is no evidence your employer told or pressured you to cast ballots for one political party or another. You also did not act inappropriately by casting a ballot for one political party for the disabled adults. Moreover, you present no evidence your employment was terminated for your failure to carry out voter fraud.

Without evidence of your employer's wrongdoing, you don't have the basis of a criminal or civil action against your former employer. In a claim for wrongful termination, you have the burden of proof to go forward and show your employer had an ulterior motive for terminating your employment. Learn more about the legal burden of proof here.

From the facts you present, meeting that burden of proof will be extremely difficult.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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