Filing apeal for unemployment claim

[imnewii]

What is the name of your state (only U.S. law)? Arizona

My employer fired me for being late to work. I had received written notice
prior to being let go. There are no issues there. My unemployment claim is
being disqualified because of 'disregard of the employer's interest.'

Is this finding the result of a dispute from my employer, to the unemployment
agency? Or the agency's own determination?

I want to appeal the disqualification for the claim. I was working 6 days a week, for several months. If I had a disregard for my employer's interests,
why bother working 6 days a week, and communicating 3+ hours each day
to do it? I realize the commute is my responsibility. What can be done to
defend my position when I appeal the claim being denied?

-Dale

 

[Zigner]

Tell the truth about the situation. However, if you were habitually tardy and had received prior warnings, the odds of collecting are rather slim.

Commentator will be along with more info

What is the name of your state (only U.S. law)? Arizona

My employer fired me for being late to work. I had received written notice
prior to being let go. There are no issues there. My unemployment claim is
being disqualified because of 'disregard of the employer's interest.'

Is this finding the result of a dispute from my employer, to the unemployment
agency? Or the agency's own determination?

I want to appeal the disqualification for the claim. I was working 6 days a week, for several months. If I had a disregard for my employer's interests,
why bother working 6 days a week, and communicating 3+ hours each day
to do it? I realize the commute is my responsibility. What can be done to
defend my position when I appeal the claim being denied?

-Dale

 

[commentator]

Thank ya, thank ya very much....ahem, lets go on this....

When you received your notice that the claim had been denied, you also received instructions something like "if you disagree with this decision, you may appeal it by....." and telling you to file something with the appeals tribunal or whatever it is in your state within so many days. You do not need to make any kind of argument at this time or when you send this end. Merely get this information back to them. "I wish to appeal this decision!"

Continue to make weekly certifications for benefits as weeks pass while you are in the appeals process. If you prevail in the appeal, you will be back paid for each week that you have filed for benefits while waiting.

A hearing, either by telephone or in person will be set up at which you and the employer will both appear and present your argument that you were or were not acting in the best interests of the company.

This initial decision denying you benefits was based on two things, the information you gave the unemployment office when you filed the claim and they asked "why are you no longer working at your job?" and then they contacted the employer and inquired why you are no longer working for them. They obviously received some sort of information from the company that you had not acted in the company's best interests, either by being tardy, by doing something wrong, by poor performance, or whatever they have said. Re read your information from the initial decision carefully. Since it does not specifically mention tardiness, there is a chance they are going to go for "poor performance" as the reason for termination. That would be a mistake on their part.

If you were terminated because you were tardy repeatedly with warnings and progressive discipline, it will not be easy to win your case. In other words, if you were violating a company policy such as absenteeism or tardiness and you had knowledge that this might cause you to be terminated, yet you persisted in this behavior...what are they going to think but that you chose to do it?

In any case, you always have the right to appeal the initial decision, you may win the hearing and you would then be able to draw until you find another job.

Incidentally, if you did something wrong with warnings and knowledge, all the good hard work you'd done for them in the past isn't going to count for much. But if you've been terminated for performance issues, you might need to bring up how hard you worked and how hard you tried to do a good job.

 

[cbg]

Just FYI, I have had employees who were disqualified for benefits after they were discharged for excessive tardiness, when I didn't even contest. If you received notice that your job was in jeopardy and you continued to be tardy, the UI office will look at that.