Appealing denial of unepmloyment benefits

[nascar24gal]

What is the name of your state?What is the name of your state? California

I was recently fired from my job due to being absence a lot from being sick or going to the Doctors and from also being tardy. ( due to traffic from road work). My employer never gave me an official written warning at all. It was merely mentioned and when it was it was very vague. I applied for uemployment insurance and was just denied. I would like to appeal. I am wondering if I have a case? Can I report them to the Labor Board? Thanks for any information.

 

[pattytx]

Well, you were absent a lot, right, so what the employer said was true. It doesn't make any difference that you were sick; being sick is not a get-out-jail-free card. And if you were often tardy because of road construction, then you could have left home earlier. Plus, no law requires an employer give you any warnings before being fired.

You can appeal if you want to, but unless you have more to back you up than this, it would be very unlikely to get the ruling reversed. Report them to the Labor Board for what? Based on your post, the employer has done nothing illegal.

 

[cbg]

Patty is almost certainly correct; she is 100% correct with regards to the tardiness. There is nothing whatsoever illegal about terming you for being tardy due to road construction. It is YOUR responsibility to get to work on time - if you know there is road construction, then you need to leave home earlier or take a different route. Your employer has no responsibility to give you warning or to forgive your being late because of road construction. It's quite unlikely that you will be granted UI on this basis, but you are free to try to appeal.

But on the very slight chance that you have some protections on the sick time, please answer the following:

1.) How long have you worked for this employer?
2.) How many employees does this employer have within 75 miles of your location?
3.) Did you work a minimum of 1,250 hours in the last 12 months?
4.) What was the nature of the illness or illnesses for which you took the sick time?

Nothing in the information you have so far provided, suggests that you have any reason to contact the Labor Board. Everything in your post suggests that your termination was both legal and reasonable.

 

[pattytx]

Thanks, I always forget FMLA and you always remember it!

 

[cbg]

I very much doubt that we're going to find there is any FMLA issue here. I suspect if there were, it would have come out at the unemployment hearing. But it's always a possibilty, since the UI adjudicator is not necessarily up on employment law.