Fired - Am I still entitled to Unemployment benefits

[dietcrush]

Fired - Am I still entitled to Unemployment benefits - (I won)

So I was terminated from my employer, and here's the reason..

It was snowing really bad out , and really icy, I almost hit a car in front of me, and so I thought it was not worth my life or anybody else's So I called in a half hour prior to my shift (As per company policy) and explained to them the conditions I was facing, I was never told by my employer to still come in, or not to come in, but it sounded like the manager I talked to said he would tell the other managers, So I figured they understood, (Or at least expected a call back telling me to come in still, I would of taken a taxi in that case) Anyhow, I came in the next day and got fired.. I filed for unemployment, on 2/14/13 and the employer was suppose to respond no later than 2/25/13.. It's past the dead line, and I'm not sure what happens if a employer does not respond to unemployment.. Does anybody know if I even have a case?? This is in the state of Minnesota by the way.

 

[TheGeekess]

So I was terminated from my employer, and here's the reason..

It was snowing really bad out , and really icy, I almost hit a car in front of me, and so I thought it was not worth my life or anybody else's So I called in a half hour prior to my shift (As per company policy) and explained to them the conditions I was facing, I was never told by my employer to still come in, or not to come in, but it sounded like the manager I talked to said he would tell the other managers, So I figured they understood, (Or at least expected a call back telling me to come in still, I would of taken a taxi in that case) Anyhow, I came in the next day and got fired.. I filed for unemployment, on 2/14/13 and the employer was suppose to respond no later than 2/25/13.. It's past the dead line, and I'm not sure what happens if a employer does not respond to unemployment.. Does anybody know if I even have a case?? This is in the state of Minnesota by the way.

What did the state unemployment agency say when you called them and asked?

 

[dietcrush]

Lol, So your suggestion is to call them up and ask?

 

[HomeGuru]

And don't wait for a call back like you did with your employer. If you don't hear back, call in again. The UE office will decide if you qualify for benefits or not.

 

[eerelations]

Lol, So your suggestion is to call them up and ask?

LOL so you actually think we would know better than the unemployment agency whether your claim was allowed???

 

[swalsh411]

What you are describing is not misconduct especially since you made a reasonable effort to notify your employer you could not safely make it into work. Heck even if you hadn't called, a single no-call-no-show is generally not misconduct as long as there is a good reason.

Assuming your employer did not respond, they will look at what you told them and see if you qualify. If you told them what you posted here I don't see any issue for you. Assuming you also qualify financially, and have done your certifications while looking for work, you will begin to receive benefits. This whole process could take a few more weeks though.

 

[commentator]

Since you filed the claim, I hope you've been making your weekly certifications, even though they haven't told you whether or not you'll be approved. Because the process does take a whole lot of time, unfortunately. And you can't, of course, just call them up and ask whether you're approved or not. They have a process they have to go through, and they have to contact the employer and give them an opportunity to answer.

Whether or not the employer does answer, the unemployment office must issue an initial decision, either granting you benefits or denying them. It is supposed to be done within a couple of weeks of your filing the claim (in an ideal world) In the real world right now, it may take as long as six weeks, though if you do not hear soon, you might really need to call and check on the status of your claim, just to make sure it totally hasn't gotten lost in the process. In other words, if you don't hear, don't just assume you were denied. You will be notified, one way or another.

If you're approved, at this time you'd be back paid for each week you've certified for as you were instructed to do when you filed the claim. If you are approved, you'll just be getting checks from now on, making your work searches....and the employer may choose to appeal the decision, and request a hearing at which you both appear, either by phone or in person, and you'll have to go through the whole situation again, and let them make another decision either upholding your approval, or denying you benefits.

If you are denied benefits in the initial decision letter, you will continue to certify for weeks as they pass, and you'll immediately send in the request for an appeal. Then you and the employer will both be asked to appear before an appeals referee and you'll both go through your stories again and another decision will be made.

BUt it can be as much as six weeks until you hear anything about that initial decision. I agree with swalsh, it soundls like your chances might be pretty good, doesn't sound like an actual misconduct for firing to me. Particularly if you did not have a history of tardiness and no-shows for work behind you for which they had been progressively disciplining you. But you'll hear pretty soon, maybe, meantime, keep your certifications up to date, and be looking for that next job. If you're denied, come on back and we'll help with the appeal process.

 

[HomeGuru]

If the OP does not have a clean work history, the last incident may have been the last straw. and if UE office determined that the firing was for just cause, it may be a different ending.

 

[Just Blue]

Lol, So your suggestion is to call them up and ask?

https://forum.freeadvice.com/wage-salary-issues-96/mn-penalty-failure-pay-wages-promptly-591290.html

YEAH!! LOL!

Gleen the info just like you have before!

 

[dietcrush]

I never was absent from work, except for that day, Regarding my past history, I would be no later than 10 minutes at the most..

Let me explain,
It's a major retail corporation, There attendance policy is 1 point for calling in and being less than 20 minutes, 2 points for calling in past 20 minutes from shift time. 3 points for not calling in, but coming in within a hour of shift time. and 5 points for no show no call.Anyhow, to reach termination you need to reach 10 points within a 90 day period to be terminated, and that's exactly what happen to me,

And thanks for every one for giving me advice, I do appreciate it!

 

[HomeGuru]

Then that resolves the question: you amassed 10 points within the 90 day period. You do not have a case against your employer for letting you go. And it was a just cause termination.
Now had you provided this information in your first post, it would have been easier to provide you information.

 

[swalsh411]

File for unemployment anyway. Don't let anybody convince you not to file.

Even if you had a record for being late or no-shows, the reason you were late on that day was a valid reason. That will be given more weight than what has happened in the past.

 

[dietcrush]

File for unemployment anyway. Don't let anybody convince you not to file.

Even if you had a record for being late or no-shows, the reason you were late on that day was a valid reason. That will be given more weight than what has happened in the past.

Thanks for the encouragement, I'm definitively going to appeal it, I haven't received a status yet, but i'm sure the state department is going to deny it..
But the great thing about appealing is sometimes you can get a judge or a referee to relate to your situation, Maybe at some time, they had to go through severe weather, or whatever..Which is what I need.. badly..

 

[dietcrush]

Just checked with Minnesota unemployment, Looks Like they found me in the right, Here's what they said

Under Minnesota Statute section 268.095, an applicant is not eligible for unemployment benefits
if the applicant is discharged for absenteeism or tardiness, but only if the absenteeism or
tardiness was employment misconduct. The law defines employment misconduct as intentional
or negligent conduct that is a serious violation of standards of behavior the employer has
the right to reasonably expect. Absenteeism or tardiness is employment misconduct if it is
intentional, excessive, or unreported. It might not be employment misconduct if recent absences
or tardinesses were unavoidable or due to illness, or if the applicant was unaware that the
absences or tardiness seriously violated employer standards or expectations. The employer
discharged the applicant during the week beginning 02/10/2013 because of absenteeism or
tardiness. The applicant was unaware that the absence or tardiness seriously violated employer
standards or expectations. The applicant's actions were not employment misconduct.

my employer can still appeal, but I doubt they will, as it costs time and money, what u guys think? Will they appeal?

 

[commentator]

Keep filing for weeks, keep everything as it should be regarding your eligibility for benefits, do your work searches as required. We can't say whether or not they'll appeal it. It wouldn't cost them anything to appeal, however, except a little of their time. Remember, it does cost them if they have their taxes raised as a result of your drawing benefits. So I'd bet they would be more likely to appeal, rather than the opposite.

And if you do get a notice of appeal, even if you have gone back to work at another job, by all means, BE THERE for that appeals hearing. Because if they appeal, and you don't show up or get on the phone to present your side again, they very well could prevail and you'd be overpaid for the unemployment you have drawn. Remember that the appeal is a completely new hearing of the evidence, and even if you were approved the first time and you do have the appearance of having the law on your side here, they could convince the next person otherwise unless you show and properly present your side of the story again. Remember, you did not win the appeal because you got a judge or an appeals referee to "hear your side," except that they decided the preponderance of the evidence regarding unemployment law was on your side. It wasn't because of your cute face or your sad story. Keep it on the facts.