Can you please help me with how I should word my appeal request to the Clerk of the Commission?
I just received my notice of appeal, & it says that if I wish a hearing to present additional testimony, evidence, or oral argument, a written request setting forth the grounds must be submitted to the Clerk of the Commission within 14 days.The employer provided tardy reports of other employees, & I notice that btwn.Jan & Nov 2010 an employee who is still working there had excessive tardies according to the rules of policy, which was same time I got written warnings for tardies not in violation of policy. Will they consider that as the employer condoning & not applying policy fairly for all?
It's impossible for me to answer your question without reading your employer's policy on tardiness and the rest of the facts of the case. The other employee's excessive tardys which went unpunished might be a factor in your favor worth mentioning. Your employer has a duty to apply the policy fairly to all employees, not condoning tardyness on the part of one employee and terminating another employee for the same offense. In Michigan many judges are skeptical of automatic point systems for attendance and punctuality which don't consider the reasons why the employee was absent or late. However, they don't have much sympathy for employees who are frequently absent or tardy.
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