fighting unemployment

[bornin60]

What is the name of your state (only U.S. law)? I live in Michigan and was recently terminated from my position of over 9 years. They claim I was late more than the number of times allowed. When I was late, it was usually within 5 minutes. Honestly, in the 9 years I worked there I was late much more than their "allowed number of times" . I had been given warnings (both verbal and written). I was a great employee and had been told and shown that many times. I worked in a daycare/preschool and at the time I was "separated" their enrollment had gone way down. All of a sudden they decided to uphold their "tardiness rule" because now they did not have the children enrolled to keep a teacher. I have proof that they gave anothe teacher my position after closing hers due to lack of children. Unemployment said that my tardiness was considered misconduct and therefore, I am not entitled to collect. I have since sent an appeal. Anything else I can do? I know thatpeople collect unemployment even if they have been fired for terrible things. This was not such and I definitely feel that I am entitled to collect.What is the name of your state (only U.S. law)?

 

[cbg]

About all you can do is appeal the ruling.

FYI, I've had employees who had unemployment denied for tardiness and absences when I didn't even appeal it.

 

[commentator]

commentator

Yes, even if the employer does not contest it, persistent tardiness is one of the most pervasive reasons for a true "misconduct" firing. And you will NOT get approved for unemployment insurance if you have a documented record of tardiness with warnings and repeated violations. Though they may not have enforced firing for tardiness too strictly back in the good old days when they needed employees, when their caseload declines and they need to cut their staff, if you continue to give them the grounds (tardiness) oh yes, they can fire you. You are not going to be approved for unemployment under these situations if they have managed their progressive discipline in your case, and have set up their tardiness policies efficiently.

Your only leg to stand on, when you go to the appeal hearing, is to show that (1) the company did not have a clear-cut defined tardiness policy which the employees were made fully aware of, and perhaps that (2) you did not have clear warnings that repeated tardiness was going to cost you your job or (3) you were not given an opportunity to change the behavior, in other words, progressive discipline on this issue. If you can present a convincing case that they didn't have a clear tardiness policy, you had not been warned that your behavior might lead to termination, and that others have been allowed to be tardy without enforcement of any policy, you may be able to win an approval.

You might also want to point out that you had exceeded their supposed tardiness limits before, without repercussions, and had been given feedback that you were an excellent employee, with no mention of the tardiness issues. Then, when their need to cut back on employees came up, they decided to arbitrarily apply their rules and get rid of you for financial reason. (In other words, this was a lay off due to lack of work, they just tried to say it was tardiness to keep from giving you unemployment. )

If you happened to be tardy on the occasion when you were fired for a medical reason with a doctor's excuse, that would be helpful to present in your appeal hearing. Whether or not you attempted to call in or notify the employer you were going to be late would be a consideration.

Remember, whatever other things other employees have done has no bearing on your termination. You have to show that their issue was also being tardy, and the policies were not uniformly applied. Else their work behavior will have no bearing on your case and will be disregarded. Even if they refilled your position with another previously separated employee, that is not an argument you were not treated fairly and shouldn't be brought up in your appeal. If you were fired for good cause, they can replace you or not, that is not an issue.

Remember to continue to certify for benefits each week while waiting for your appeal hearing, so that you would be back paid for these weeks if you win your appeal.