What is the name of your state (only U.S. law)? Georgia. Instead of allowing my UI benefit here in GA, my employer (attorneys) are now saying that I was late 5 or 10 mins. out of the week maybe 3 times sometimes. They also indicated to a potential employer that they would rehire me, but they are not hiring legal assistants anymore. They are only hiring paralegals, so now they use the tardiness as an excuse, although all of the staff would come in due to traffic issues 5 or 10 minutes after 9:00 on some days, not just me. I have requested the receptionist's logs as proof of same. Nothing was ever previously said about the 5 or 10 minutes until now.
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Fired In GA for Misconduct
- Thread starter Lynnatl
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
Sheeeshh that is totally and absodanglutely out of linecommentator
Senior Member
commentator
Okay, did they fire you? And you went and filed for unemployment insurance? Of paramount importance will be the reason they gave you for letting you go when you left their employment, whether they gave it to you in writing or just verbally.
The employer does not "allow" or "not allow" you to draw unemployment. The state claims office will take the claim. You do not have to have a letter or separation notice from the employer to file. You tell the claims taker what they said was the reason you were separated, why you are no longer working for them. The unemployment office will talk to your former employer and ask them what the reason was that you were separated.
If they told you something different when you were terminated, and then they come back and say to the unemployment office that you were fired for tardiness, there will be an investigation. The questions they will ask are something like, What was the company policy on tardiness? Was the employee warned?" Were there any previous incidents or write ups or situations which might be relevent?
Of course when they ask you these questions, if you were really not aware you were violating an established company policy, or told that you were in danger of being terminated for tardiness, that will be strongly in your favor. If others in the office were frequently tardy with no warnings or disciplinary actions, this will be relevant. But I am having trouble understanding why you would be wanting the company attendance logs. Are you thinking of presenting them to the unemployment office? If so, have you already filed your claim, and are having an appeals hearing soon? Carrying them the attendance logs, even if the company is willing to give them to you, doesn't sound like a very good way to make your point here. Just because others were late, this does not mean you weren't, or that you should get to draw benefits. It's just one factor in a larger case.
There will be an "initial decision" made. Either party can appeal this decision. You will continue to certify for weeks of unemployment while the appeal is going on, and if you win, you will be paid for the weeks you have filed for.
Even if your former employers are all lawyers, or doctors or legislators, they cannot say whether you get unemployment benefits. If they fired you for good cause, you cannot expect them to say, "Aw, go on, let her draw, she's a great kid!" But if they let you go without a valid misconduct reason, you can be approved and draw anyhow. When they find out that having someone draw benefits may cause their tax rate to rise, employers sometimes begin finding all sorts of after the fact reasons why the person was let go. You cannot sue them, but you can be approved for benefits.
Okay, did they fire you? And you went and filed for unemployment insurance? Of paramount importance will be the reason they gave you for letting you go when you left their employment, whether they gave it to you in writing or just verbally.
The employer does not "allow" or "not allow" you to draw unemployment. The state claims office will take the claim. You do not have to have a letter or separation notice from the employer to file. You tell the claims taker what they said was the reason you were separated, why you are no longer working for them. The unemployment office will talk to your former employer and ask them what the reason was that you were separated.
If they told you something different when you were terminated, and then they come back and say to the unemployment office that you were fired for tardiness, there will be an investigation. The questions they will ask are something like, What was the company policy on tardiness? Was the employee warned?" Were there any previous incidents or write ups or situations which might be relevent?
Of course when they ask you these questions, if you were really not aware you were violating an established company policy, or told that you were in danger of being terminated for tardiness, that will be strongly in your favor. If others in the office were frequently tardy with no warnings or disciplinary actions, this will be relevant. But I am having trouble understanding why you would be wanting the company attendance logs. Are you thinking of presenting them to the unemployment office? If so, have you already filed your claim, and are having an appeals hearing soon? Carrying them the attendance logs, even if the company is willing to give them to you, doesn't sound like a very good way to make your point here. Just because others were late, this does not mean you weren't, or that you should get to draw benefits. It's just one factor in a larger case.
There will be an "initial decision" made. Either party can appeal this decision. You will continue to certify for weeks of unemployment while the appeal is going on, and if you win, you will be paid for the weeks you have filed for.
Even if your former employers are all lawyers, or doctors or legislators, they cannot say whether you get unemployment benefits. If they fired you for good cause, you cannot expect them to say, "Aw, go on, let her draw, she's a great kid!" But if they let you go without a valid misconduct reason, you can be approved and draw anyhow. When they find out that having someone draw benefits may cause their tax rate to rise, employers sometimes begin finding all sorts of after the fact reasons why the person was let go. You cannot sue them, but you can be approved for benefits.
Last edited:
GA Denial of UI Benefits
Yes, I have filed for an appeal and it is scheduled for this week. When I was fired in April, I was told that "it just isn't working out" as the reason for my termination. I was given severance pay for the month of May and applied for benefits two weeks before the end of May. At that time I was advised that my application for benefits was denied due to misconduct. This misconduct was for coming in to work 5-10 mins. later than 9:00 a.m. I have been working at this law firm for 3 years and we do use our personal time after work to drop off FedEx packages containing pleadings, and also go to the post office to drop off mail. They pay us for mileage, but not for the additional 10-15 minutes it takes to go to FedEx or the post office, so the legal assistants come in on some days at 5 or 10 minutes later. Also, calling in to advise of traffic jams here in Atlanta as well. There has never been a problem prior to the new business manager coming on board back in December or January of this year. I found case precedent in Anderson v. Mt. Clemons Pottery Co., 328 U.S. 680(1946). Also, regarding misconduct case Boynton Cab Co. v. Neubeck & Ind. Comm., 237 Wis. 249(1941) which outlines what is considered misconduct. I was also attached (jostled) by another employee and did not retaliate, but was accused of "flipping a bird" at her. Later told that I would not be fired because this other employee was not offended by my flipping a bird at her (although I didn't even know what flipping a bird meant at the time), where no one saw this, and her assault on me by intentionally bumping into me was ignored. The case regarding provocation by another employee and not considered misconduct are: Ellis v. Krusaval Steel Casting a Milwaukee County Case No. 569-259-10/20/82 and Jerome R. Janusz v. A&E Manufacturing Co. (LIRC 8/20/92. These cases outline the Supreme Court and other jurisdictional decisions regarding these accusations. I will be relying upon them to help me against the unfair denial of my benefits.
Yes, I have filed for an appeal and it is scheduled for this week. When I was fired in April, I was told that "it just isn't working out" as the reason for my termination. I was given severance pay for the month of May and applied for benefits two weeks before the end of May. At that time I was advised that my application for benefits was denied due to misconduct. This misconduct was for coming in to work 5-10 mins. later than 9:00 a.m. I have been working at this law firm for 3 years and we do use our personal time after work to drop off FedEx packages containing pleadings, and also go to the post office to drop off mail. They pay us for mileage, but not for the additional 10-15 minutes it takes to go to FedEx or the post office, so the legal assistants come in on some days at 5 or 10 minutes later. Also, calling in to advise of traffic jams here in Atlanta as well. There has never been a problem prior to the new business manager coming on board back in December or January of this year. I found case precedent in Anderson v. Mt. Clemons Pottery Co., 328 U.S. 680(1946). Also, regarding misconduct case Boynton Cab Co. v. Neubeck & Ind. Comm., 237 Wis. 249(1941) which outlines what is considered misconduct. I was also attached (jostled) by another employee and did not retaliate, but was accused of "flipping a bird" at her. Later told that I would not be fired because this other employee was not offended by my flipping a bird at her (although I didn't even know what flipping a bird meant at the time), where no one saw this, and her assault on me by intentionally bumping into me was ignored. The case regarding provocation by another employee and not considered misconduct are: Ellis v. Krusaval Steel Casting a Milwaukee County Case No. 569-259-10/20/82 and Jerome R. Janusz v. A&E Manufacturing Co. (LIRC 8/20/92. These cases outline the Supreme Court and other jurisdictional decisions regarding these accusations. I will be relying upon them to help me against the unfair denial of my benefits.
Last edited:
commentator
Senior Member
commentator
Okay, hon, we can win this one. However, you need to stop, take a deep breath, and go forward with ONE ISSUE. You were told "it was just not working out." You did the job to the best of your abilities. You showed up, you did your best, and you received no feedback that you were not doing a good job or that your job was in jeopardy.
You were not given ANY write ups, verbal warnings, indications that tardiness was an issue or that you need to change your work behavior due to TARDINESS.
You were not fired for anything related to being a bad employee, insubordination, flipping someone off, etc. You were told you were being let go because it was not working out. You had done your best. FORGET ABOUT ALL THOSE OTHER ISSUES, okay? For one thing, they are in other states. For another, they were not the reason you were told you were terminated. You will not go in there and win your claim because you blast the adjudicator with all these other state misconduct cases. This is not federal law which applies in all states. What plays in Wisconsin has nothing much to do in Georgia, and citing these decisions will not help you. Having your stuff together in Georgia will help you.
This is Georgia only. When they terminate you they must show work related misconduct, when you were warned, and given a chance to change your behavior, and you refused. You were given verbal warnings, then write ups, then terminated after you refused to alter a pattern of behavior.
It sounds as though you fell afoul of a bitchy office manager who was not too smart. She did not follow 'progressive discipline' in letting you go.
When you go into your appeal hearing, you will be allowed to speak first since you are appealing the claim. Then they will present their good misconduct reason for terminating you. They can say anything they want. They can bring up that you did not wash your hands after leaving the rest room last November. That's okay. Smile, listen. Do not interrupt, gasp, or in any way react to their arguments.
When it comes your turn to speak, say that you were let go because it was not working out. You were not told that it was due to your persistent tardiness. You were not given any warnings, write ups, etc. You were not given an opportunity to save your job by changing your behavior. You did your job to the best of your abilities. Everyone was at some point or another late to work in this worksite, due to traffic, picking up mail, some valid reason. Let them know that when you had to be late due to one of those valid reasons, you always called in and told them you would be late. You were never told this would eventually cause your termination. No one, to your knowledge was disciplined, reprimanded or terminated for this issue while you worked there. When you began working for them, you were not told that persistent tardiness was grounds for dismissal or given a written policy staying this.
Remember, stick to your one issue. Not misconduct or insubordination, tardiness. This employer is attempting to keep you from drawing by using the "scattergun defense." They are saying you were a bad employee for many different reasons. But if "not working out" is what they told you, you need to stick to this one, insist you did the best you could, and not try to argue each of their dumb points.
Relax, don't be belligerant, be professional, cool, don't curse or cry, and you have a very good chance. Good luck to you.
P.S: Be sure you have been making your weekly certifications for benefits, even though your claim was denied, so if you win you can be back paid for the weeks you have filed for.
Okay, hon, we can win this one. However, you need to stop, take a deep breath, and go forward with ONE ISSUE. You were told "it was just not working out." You did the job to the best of your abilities. You showed up, you did your best, and you received no feedback that you were not doing a good job or that your job was in jeopardy.
You were not given ANY write ups, verbal warnings, indications that tardiness was an issue or that you need to change your work behavior due to TARDINESS.
You were not fired for anything related to being a bad employee, insubordination, flipping someone off, etc. You were told you were being let go because it was not working out. You had done your best. FORGET ABOUT ALL THOSE OTHER ISSUES, okay? For one thing, they are in other states. For another, they were not the reason you were told you were terminated. You will not go in there and win your claim because you blast the adjudicator with all these other state misconduct cases. This is not federal law which applies in all states. What plays in Wisconsin has nothing much to do in Georgia, and citing these decisions will not help you. Having your stuff together in Georgia will help you.
This is Georgia only. When they terminate you they must show work related misconduct, when you were warned, and given a chance to change your behavior, and you refused. You were given verbal warnings, then write ups, then terminated after you refused to alter a pattern of behavior.
It sounds as though you fell afoul of a bitchy office manager who was not too smart. She did not follow 'progressive discipline' in letting you go.
When you go into your appeal hearing, you will be allowed to speak first since you are appealing the claim. Then they will present their good misconduct reason for terminating you. They can say anything they want. They can bring up that you did not wash your hands after leaving the rest room last November. That's okay. Smile, listen. Do not interrupt, gasp, or in any way react to their arguments.
When it comes your turn to speak, say that you were let go because it was not working out. You were not told that it was due to your persistent tardiness. You were not given any warnings, write ups, etc. You were not given an opportunity to save your job by changing your behavior. You did your job to the best of your abilities. Everyone was at some point or another late to work in this worksite, due to traffic, picking up mail, some valid reason. Let them know that when you had to be late due to one of those valid reasons, you always called in and told them you would be late. You were never told this would eventually cause your termination. No one, to your knowledge was disciplined, reprimanded or terminated for this issue while you worked there. When you began working for them, you were not told that persistent tardiness was grounds for dismissal or given a written policy staying this.
Remember, stick to your one issue. Not misconduct or insubordination, tardiness. This employer is attempting to keep you from drawing by using the "scattergun defense." They are saying you were a bad employee for many different reasons. But if "not working out" is what they told you, you need to stick to this one, insist you did the best you could, and not try to argue each of their dumb points.
Relax, don't be belligerant, be professional, cool, don't curse or cry, and you have a very good chance. Good luck to you.
P.S: Be sure you have been making your weekly certifications for benefits, even though your claim was denied, so if you win you can be back paid for the weeks you have filed for.
Last edited:
Find the Right Lawyer for Your Legal Issue!
Fast, Free, and Confidential
data-ad-format="auto">