unemployment denied

[KimmieC]

What is the name of your state? MI
I was fired from my job of 5 years, I had perfect attendance, no write-ups or verbal warnings, I took a day off from work and my employer was angry about it and I was fired. I immediately applied for unemployment, had to wait the full 2 months before I received my determination and it was denied because of excessive absenteeism!! I have never missed work except for the day I was fired. I know I can appeal but can they really get away with such an outrageous lie? Thank you for any advice you can give.

 

[cbg]

If you appeal, they will have to provide proof that your absenteeism was excessive. If they fail to do so, or if they do not attend the hearing, the decision will be reversed and you get benefits. So the answer to your question is, quite possibly not.

 

[justvisiting]

KimmieC, sorry this happened.

Please don't misinterpret what I'm saying but there HAD to be another reason why he fired you.

You may never know what the reason(s) is/are, so I would not waste time fighting a battle as far as the actual firing.

Now, as far as your unemployment IF he said it was because of excessive absenteeism and IF in fact you were only absent ONE day in 5 years, yes, you have grounds for an appeal and he has to prove that the ONE day was excessive - which we all know it was not.

Could it be that you're confusing absenteeism with tardiness? Also, did you never take vacation, personal day off, etc. during all that time? (You're entitled to that I'm just asking if you were there every day for 5 years as you say.) Did you like the job? Ever complain or express discontent? Did you and boss have a good relationship? Something just is not adding up.

You're presenting your performance and attendance as excellent, and maybe they were. Most firings are because of personality conflicts but the reasons will never be stated as such. You worked for this person for 5 years, and you don't say anything about him being a maniac, but to fire an "excellent" employee after 5 years for taking ONE day off is crazy. Employers are careful in this day of lawsuits for just about anything. Something is missing here and I bet if you think about it you may have seen this coming but tried to ignore the signs. Many people are fired everyday for strange reasons and they often never receive official verbal or written warnings.

If you were in fact blindsided it's better that you are not working for him anymore. But I still say there had to be some OTHER reasons for you to get abruptly fired.

 

[KimmieC]

Thank you for replying. I honestly have a perfect attendance record and he will not be able to prove otherwise! I always came to work at least 15-20 minutes early to get a good head start. I really do not understand why I was fired but I did hear through the grapevine something along the lines of my hourly wage. I would have been up for a raise in another month and I know I was the highest paid employee. He now has filled my position with a younger employee who is doing my job for a lot less money. I just cannot believe that he can get away with writing a false statement about excessive absenteeism. I always got along with him just fine, we had a disagreement recently but it was handled professionally and we both came to an agreement. Thanks again for your reply.

 

[justvisiting]

I see. Well it appears that the disagreement (although it was worked out) combined with him wanting someone who would be satisfied with less money were the reasons. It's a shame he didn't feel that keeping a good employee was worth spending the money.

I agree with you about the "excessive absence" LIE. You should appeal and make him prove that, which he can't do.

Weird situation. Good luck finding another job.