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1st Unemployment appeal lost

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GRAF

Junior Member
Kentucky

I was terminated from a job for tardiness.

The day I was terminated there was an accident that blocked the traffic. I have to go across a bridge and have no other way to get there.

My vehicle has also been hit twice this year due to the traffic problems. One of the hits resulted in the car being undriveable. I had to get a ride to work for three weeks while the vehicle was being repaired and this scheduling problem resulted in me being late during this time.

I have witness documents verifying this. These documents were conveniently misplaced by the Unemployment Board before the hearing and I had to read them into the record. The subpena I asked for in order to get contact information of more work witnesses and time sheet information was denied by the board for "confidentiality reasons."

My employer didn't show up for the hearing.

I Lost. The discharge for misconduct was upheld. Although, some of the fact finding information is not exactly accurate.

Is this misconduct? Is it worth appealing the decision? The Kentucky Unemployment Board seems heavily slanted against employees.


Thanks
GRAF
 


pattytx

Senior Member
Most employers don't terminate you for a single occurrence of tardiness outside of your control, unless you had a history of attendance problems. However, when you did not have your car available, it was incumbent upon you to do anything you needed to do in order to get to work on time. I don't know if you did this, and it's really too late now, but it might have helped if you had explained your situation to your employer and asked if you might adjust your schedule slightly for this period; they could have approved this or not, but it wouldn't have hurt to try.

It doesn't cost you anything but time to appeal. However, since your employer felt that your tardiness was not acceptable and was misconduct based on your inability or unwillingness to get to work on time for three weeks in a row, and the adjudicator agreed, based on the facts that you have posted, I'm not optimistic that the decision will be reversed.
 

GRAF

Junior Member
Uphill climb

Thanks,

I do not doubt that it is all uphill from here.

One of my problems is that my subpena wasn't allowed. The main reason I requested this information in the first place was to show that the rules have not been evenly applied.

There are many others there whom have been more tardy and absent than I without having any just cause, they are still there. I requested these records to prove my point. Since I am not being allowed to bring this evidence of favortism forward I certainly do not feel this is a fair process.
Afterall, the employer had access to anything they needed for their case.

It seems The Unemployment Board expects me to defend myself with my hands tied.
Oh, outside of the stuff they accidentally lose.

:eek:
 
Last edited:

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