I didn't quit

[tata123]

I went away for two weeks of approved vacations, during my trip there was an issue witch lead to me no coming back on the date stated,but two days later instead,when I came back my employer was asking me my where abuts and what I did on my time off, sense I refuse to provide this, it is My personal life the issue was me not coming to work not what I did or din't do, I was suspended pending termination. when My union rep call he told me that I was better of just filing for unemployment instead of putting a big fight that i had already lost anyway. So i though about it and decided to take my union rep advice and went on and told him to cancel the last meeting as he suggested and file for unemployment; when the letter came after i file for unemployment they denied me because I committed job abandonment at the moment I cancel that meeting. What can I do I have no job and no other ways to income can I appeal this decision?

 

[Antigone*]

I went away for two weeks of approved vacations, during my trip there was an issue witch lead to me no coming back on the date stated,but two days later instead,when I came back my employer was asking me my where abuts and what I did on my time off, sense I refuse to provide this, it is My personal life the issue was me not coming to work not what I did or din't do, I was suspended pending termination. when My union rep call he told me that I was better of just filing for unemployment instead of putting a big fight that i had already lost anyway. So i though about it and decided to take my union rep advice and went on and told him to cancel the last meeting as he suggested and file for unemployment; when the letter came after i file for unemployment they denied me because I committed job abandonment at the moment I cancel that meeting. What can I do I have no job and no other ways to income can I appeal this decision?

That is absolutely correct. You abandoned your job when you did not return on the day you were sheduled. Very stupid move to use the "Its my life" line. Very studpid!

 

[tranquility]

You can appeal the determination, but you did "abandon" your job by not showing up. Now, two days doesn't seem like enough for true abandonment, but your choice to not give an explanation could be considered insubordination too. Are there issues? Maybe, but you're not going to be able to fight it just by repeating your story to the unemployment people, you need an attorney. But, even with one, I think the union rep may have given you a good idea of your chances. At the same time, you might ask the attorney about the union rep's legal advice.

 

[swalsh411]

you're not going to be able to fight it just by repeating your story to the unemployment people, you need an attorney.

The unemployment appeal system is designed so that in the vast majority of cases the claimant does not need an attorney, including here.

What the OP should do is appeal the decision and plainly state he fully intended to return to his job, just two days later than originally planned. The reasons why he could not return as initially scheduled or his unwillingness to tell his employer where he was or why he wouldn't be coming back in time are of no relevance in terms of whether or not this was misconduct. The OP essentially had two unexcused absences and that alone is not misconduct unless the employer can show there was a history of this and he had been warned.

 

[tranquility]

I await the OPs response after she tries. I mean, its just money.

 

[ecmst12]

Depends if OP let the employer know ahead of time that he would not be in on the scheduled day or if it was a no-call no-show.

 

[commentator]

The employer may have been asking those nosey questions about why the OP couldn't come back two days earlier, when she was scheduled to return in an effort to determine if it was due to health or medical reasons. If you had been unable to return and were fired because of it, and you could provide medical evidence that you were unable to come back due to a medical reason, with proof of such it would not prohibit the company from firing you for not coming back if they wanted to, but the system would very likely approve your unemployment benefits under this sort of case. The unemployment system would say that you could not help getting sick, or having a family member get sick. Any other excuses, such as a broken down car, having too much fun with the family, had another social event I wanted to attend.... those are all personal reasons, and they can fire you handily for those. Unemployment benefits are generally not approved under those circumstances. Did you call in and tell them you were going to be out the two or three additional days? That's a very important question, as no call /no show is almost always considered good grounds for termination.

I fail to see what tranquility says, that you're going to need an attorney. To fight this with who? You can appeal the initial decision denying benefits, but if you were in any way aware that this two day extra absence might result in your losing your job, and you can't provide an excellent reason why you were forced to take it, I don't see as you have a legal leg to stand on. legally terminated, and probably no unemployment benefits is what I am seeing here. Your union rep gave you execllent advice. When you are suspended with no pay, you file for unemployment right away, whether you are going to continue to fight it out with the company or not. Frankly don't see a lengthy fight as a possibility here anyway. You did it. You chose not to say why or to ask your employer to have compassion with you for any good reason you could have given them, told them basically to bug off, it was your personal business, and they said, "Okay, you're fired." They could do this.

REturn the letter stating that you wish to appeal the unemployment decision. You do not need to present your argument at this time, you'll either have a telephone or in person hearing at which you'll be appealing your decision. Indicentally, I do not have a job or any other source of income is not part of the appeal. This appeal will be strictly based on whether or not you had a valid non-misconduct reason that you were out those last two extra days, and do expect that you will be asked the reason you were out.

 

[Antigone*]

The unemployment appeal system is designed so that in the vast majority of cases the claimant does not need an attorney, including here.

What the OP should do is appeal the decision and plainly state he fully intended to return to his job, just two days later than originally planned. The reasons why he could not return as initially scheduled or his unwillingness to tell his employer where he was or why he wouldn't be coming back in time are of no relevance in terms of whether or not this was misconduct. The OP essentially had two unexcused absences and that alone is not misconduct unless the employer can show there was a history of this and he had been warned.

I disagree with you swalsh. 2 no-call-no-shows is immediate termination where I work. I've only known one person in my whole career with my employer who has had a NCNS and she died the night before.

 

[swalsh411]

I disagree with you swalsh. 2 no-call-no-shows is immediate termination where I work. I've only known one person in my whole career with my employer who has had a NCNS and she died the night before.

The question is not whether the OP could be legally terminated (which of course he could) but whether what he did rises to the level of misconduct as defined by the unemployment system. There are countless things you can be terminated for that are not misconduct and will not get your claim denied.

 

[tranquility]

I fail to see what tranquility says, that you're going to need an attorney. To fight this with who? You can appeal the initial decision denying benefits, but if you were in any way aware that this two day extra absence might result in your losing your job, and you can't provide an excellent reason why you were forced to take it, I don't see as you have a legal leg to stand on.

I agree. But, if the OP has any chance it has to do with prior fact situations regarding misconduct by not showing up and insubordination for not answering. I think there is little chance, but if there is a chance, that's the only way I feel she can make a case.

 

[commentator]

If the implication was that an attorney was needed to file an unemployment claim, of course that's not the case. As we've heard it, there's probably not a good possibility of approval unless the employee did do the employer the courtesy of calling and telling them before the two days late that it was about to happen and give some sort of plausible reason. Being a no-call no show and telling the employer it's none of his business why you didn't come back on time is pretty much a sure thing to get you fired most places, and basically a deal killer for any kind of unemployment benefits, unless it was because the person was in the hospital, and there was medical proof. And as I said, that would only have weight in the unemployment system, the employer doesn't have to honor it, could fire the person anyhow.

The classic no call no show valid excuse is that if the employee was hit by a bus and was in the hospital in a coma, it might be acceptable. I guess dying would probably be covered, too.