What is the name of your state (only U.S. law)?
Oregon
Hello all, thanks for the space. I am hoping that this forum gives me some direction in this predicament I have come into.
I will TRY to keep this short.
I was an exemplary employee. Sparkling reviews, etc. The only problem I had was when I was going through a messy divorce (different story entirely) and I took days off for court proceedings and the like, which were covered, as well as days off because of severe emotional turmoil. I was sent home more than once because of this, and the "occurrences" that are accrued in doing so were to be later excused by HR.
For the record, the occurrence system is simple: HALF an occurrence for being late to work or leaving early, or clocking into or back from lunch early or late. FULL occurrences are given for missing more than half a shift. one full month of good attendance is good for one occurrence dropping off. simple.
anyway, during the course of the divoerce and the ensuing depression, I racked up 9.5 occurrences, some of which were to be dropped. I clocked in late from lunch one day which put me at 10. This was not intentional, I merely lost track of time because I did not take advantage of the grace peroiod before lunch.
To be more specific, lunch started at 10:45 (day starts at 6, btw) and you are allowed to leave for lunch at 10:40. People do this, then stand around the time clock untill 10:45, clock out, then use the half hour of lunch PLUS the 4:59 grace period (this means that most people end up with a 32-34 min lunch). before things get too complicated I will just say that I do not stand around the time clock beforehand, I usually clocked out for lunch around 10:42-43. I did this, then had a great lunch conversation with a full table of people, and lost track of time. When they got up to clock in, I did not have as much of a grace period left as they did and was therefore late clocking in. I had the office check to make sure and it was LESS than one minute over the given "grace" period. I had taken a 36 minute lunch.
I went to see if the divorce occurrences would be dropped, and HR the manager told me she would check and get back to me. Typically people that go over on occurrences are fired within the next two days, at absolute most. Their decision making process for me lasted a week, after which I was told that I would be terminated. I had a checkup with the on-site nurse to see if I was fit, basically to see if I had any injuries that I might claim later, and he even tried to argue afterwards, with HR, that I was clinically depressed after the divorce. Losing sleep, losing weight, inability to focus on tasks at hand, etc. His argument did nothing to stop my termination.
I was fired for "violation of attendance policy". The company does not consider this misconduct, and the HR manager has told me multiple times since the termination that I WAS NOT fired for misconduct.
I filed for unemployment afterwards, the process of which involves filing the claim and waiting for a telephone hearing between you, your former employer, and a Employment department judge. This phone call occurred, my former employer failed to call in, and the hearing continued without them. I explained as best as I could (to be honest I am better at typing than talking) the judge thanked me for my testimony and we ended the hearing. A few weeks later, all the while claiming benefits, I received notice that I had been denied because the judge had determined I was fired for MISCONDUCT. I am at school right now but I can, if necessary, produce the exact terminology used. Basically, she concocted some sort of transitive-property-style logic to justify my denial. She said that I violated an attendance policy, which is an expectation from the employer to the employee, and that a violation of expectations of an employer by an employee is technically considered misconduct. I was blown away. I had been a model employee, trusted with additional tasks by my superiors, a member of the safety committee, a volunteer for additional duties (hazmat cleanup and disposal certification, additional equipment training, etc.), and an active member in the goings-on in the warehouse. At the risk of bragging a video of me impersonating one of my boss' was emailed by the GM of the warehouse to every other warehouse in the country. If it were not for my attendace I would easily have been promoted, but policies dictated that anyone with over a certain amount of occurrences cannot apply for promotions.
ANYWAY (so much for keeping it short, sorry) I appealed the denial, continued claiming, and eventually received notice that my appeal went to the desk of the EAB, the Employment Appeals Board, and they upheld the judgement. I appealed THAT decision, citing the Oregon Revised Statute (I forget the ORS #) that said I would only be denied benefits if I were fired for misconduct. (Like Isaid the HR manager completely disagrees, and had me put on the appeal for them to call her directly) I later received a letter that if I wanted to appeal the EAB decision i would be required to file paperwork at the courthouse in salem, a half-hour-drive north (I don't drive), and that the filing fee was somewhere north of $200 (the exact amount scapes me, somethign like $212) AS WELL as being advised to retain council. I cannot afford a lawyer. I had stopped claiming benefits two months after being fired (before the EAB decision) and had resigned myself to going back to school, since adequate employment was nearly non-existent closeby and the workforce was flooded with applicants from a recent mill closure. I was only looking to get my backpay (roughly 2k) to pay off a credit card I had lived on while waiting on the "inevitable" approval. I could not pay a lawyer more than 2k to fight for less than 2k, it didn't make sense. Not to mention all the running around that I cannot do since I do not drive. I ride the bus to school. I have no job. I eat using the food stamp card. I have no idea what to do.
Oregon
Hello all, thanks for the space. I am hoping that this forum gives me some direction in this predicament I have come into.
I will TRY to keep this short.
I was an exemplary employee. Sparkling reviews, etc. The only problem I had was when I was going through a messy divorce (different story entirely) and I took days off for court proceedings and the like, which were covered, as well as days off because of severe emotional turmoil. I was sent home more than once because of this, and the "occurrences" that are accrued in doing so were to be later excused by HR.
For the record, the occurrence system is simple: HALF an occurrence for being late to work or leaving early, or clocking into or back from lunch early or late. FULL occurrences are given for missing more than half a shift. one full month of good attendance is good for one occurrence dropping off. simple.
anyway, during the course of the divoerce and the ensuing depression, I racked up 9.5 occurrences, some of which were to be dropped. I clocked in late from lunch one day which put me at 10. This was not intentional, I merely lost track of time because I did not take advantage of the grace peroiod before lunch.
To be more specific, lunch started at 10:45 (day starts at 6, btw) and you are allowed to leave for lunch at 10:40. People do this, then stand around the time clock untill 10:45, clock out, then use the half hour of lunch PLUS the 4:59 grace period (this means that most people end up with a 32-34 min lunch). before things get too complicated I will just say that I do not stand around the time clock beforehand, I usually clocked out for lunch around 10:42-43. I did this, then had a great lunch conversation with a full table of people, and lost track of time. When they got up to clock in, I did not have as much of a grace period left as they did and was therefore late clocking in. I had the office check to make sure and it was LESS than one minute over the given "grace" period. I had taken a 36 minute lunch.
I went to see if the divorce occurrences would be dropped, and HR the manager told me she would check and get back to me. Typically people that go over on occurrences are fired within the next two days, at absolute most. Their decision making process for me lasted a week, after which I was told that I would be terminated. I had a checkup with the on-site nurse to see if I was fit, basically to see if I had any injuries that I might claim later, and he even tried to argue afterwards, with HR, that I was clinically depressed after the divorce. Losing sleep, losing weight, inability to focus on tasks at hand, etc. His argument did nothing to stop my termination.
I was fired for "violation of attendance policy". The company does not consider this misconduct, and the HR manager has told me multiple times since the termination that I WAS NOT fired for misconduct.
I filed for unemployment afterwards, the process of which involves filing the claim and waiting for a telephone hearing between you, your former employer, and a Employment department judge. This phone call occurred, my former employer failed to call in, and the hearing continued without them. I explained as best as I could (to be honest I am better at typing than talking) the judge thanked me for my testimony and we ended the hearing. A few weeks later, all the while claiming benefits, I received notice that I had been denied because the judge had determined I was fired for MISCONDUCT. I am at school right now but I can, if necessary, produce the exact terminology used. Basically, she concocted some sort of transitive-property-style logic to justify my denial. She said that I violated an attendance policy, which is an expectation from the employer to the employee, and that a violation of expectations of an employer by an employee is technically considered misconduct. I was blown away. I had been a model employee, trusted with additional tasks by my superiors, a member of the safety committee, a volunteer for additional duties (hazmat cleanup and disposal certification, additional equipment training, etc.), and an active member in the goings-on in the warehouse. At the risk of bragging a video of me impersonating one of my boss' was emailed by the GM of the warehouse to every other warehouse in the country. If it were not for my attendace I would easily have been promoted, but policies dictated that anyone with over a certain amount of occurrences cannot apply for promotions.
ANYWAY (so much for keeping it short, sorry) I appealed the denial, continued claiming, and eventually received notice that my appeal went to the desk of the EAB, the Employment Appeals Board, and they upheld the judgement. I appealed THAT decision, citing the Oregon Revised Statute (I forget the ORS #) that said I would only be denied benefits if I were fired for misconduct. (Like Isaid the HR manager completely disagrees, and had me put on the appeal for them to call her directly) I later received a letter that if I wanted to appeal the EAB decision i would be required to file paperwork at the courthouse in salem, a half-hour-drive north (I don't drive), and that the filing fee was somewhere north of $200 (the exact amount scapes me, somethign like $212) AS WELL as being advised to retain council. I cannot afford a lawyer. I had stopped claiming benefits two months after being fired (before the EAB decision) and had resigned myself to going back to school, since adequate employment was nearly non-existent closeby and the workforce was flooded with applicants from a recent mill closure. I was only looking to get my backpay (roughly 2k) to pay off a credit card I had lived on while waiting on the "inevitable" approval. I could not pay a lawyer more than 2k to fight for less than 2k, it didn't make sense. Not to mention all the running around that I cannot do since I do not drive. I ride the bus to school. I have no job. I eat using the food stamp card. I have no idea what to do.
