Should I appeal a reversed unemployment decision?
I was fired for attendance issues. Discharged for having too many occurences. I was approved for benefits & now lost & have to repay the commission. I was given 2 written warnings (Jan. 2010 & Nov. 2010) I got third warning on Feb. 2011 on that warning notice, I had 5 late occurences since Jan. 2011. I was told that any additional occurences could lead to termination. I was 8 min. Late in April due to traffic. Even though they allowed us a 5 min. Grace period to clock in, it was considered 8 min. Late. I called in sick @ end of April & was fired the next day. I lost my benefits due to total
That's a tough one. Most judges are pretty tough on attendance violations. However, it doesn't cost anything to appeal, however. After frequent absences and tardys the burden of establishing misconduct shifts from the employer to the claimant (to provide a reason why his absences and tardys did not amount to misconduct]. Your chances may be good if you can provide proof that you were ill on the day you called in sick.
Thank you for responding. I faxed my appeal request. This is what I have; I referred to a page in handbook section concerning punctuality that specifies excessive tardies as more than 30 minutes per 2 week pay period & included my tardies showing that I did not incur 30 minute tardies during any 2 week pay period between Jan. & Nov. Of 2010 doesn't that show I was not in violation of the employers rules of policy, and void the first two written warnings ? The appeals examiner referenced the page, but left out the part that specifies excessive tardies from his "findings of fact" Since my final written warning on Feb.16,2011 the single tardy I incurred was 3 minutes past the 5 minute grace period allowed for clocking in because I was in traffic, & that was April 22nd. On April 27 I called in sick & was fired April 28,2011. The employer was duly notified that Mar 11, Mar14, & April 27th absences were due to illness & those ocurrences would not constitute a willful or deliberate disregard of the rules of policy. Their claim was that my attendance did not improve after final warning of Feb.16th, but the clock-in reports they provided shows that after Feb.16th my attendance did improve. The employer showed up with a lawyer, who submitted ridiculous amount of documents (168 pages) the appeals examiner was very upset about that & reprimanded him for it. How can they do this? Do I have a chance @ this? I can't afford a lawyer & they don't provide them for claimants in Virginia. I need a miracle.
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