• 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.

Will I get unemployment?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

nadomatic

Junior Member
State: MI
I was recently fired from my job for "being late and repeated violations of manager conduct policy". I never recieved any documentation in 3 years of employment until my walking papers. Can I be disqualified for unemployment?
 


pattytx

Senior Member
CAN you be? Sure. WILL you be? No idea. The fact that there were never any warnings, however, will be a factor in your favor, as to inferring that this was not a big issue with this employer. All you can do is file and find out if the employer chooses to contest the claim.
 

Beth3

Senior Member
Without knowing any of the particulars for the reasons you were terminated, it's impossible to even guess whether you are likely to be eligible or ineligible.

e.g. How often were you tardy over the past 12 months? Were you informed at some point it could/would lead to your termination? What specifically were the violations of manager conduct? That could be everything from picking your nose at a meeting to engaging in felony theft. Without knowing precisely what misbehavior they feel you engaged in, we can't have any idea what the State is likely to determine.
 

commentator

Senior Member
You have already filed your claim for benefits, right? If not, do so immediately. You will, of course, explain to the claims taker that you had no prior warnings, that you did not know your job was in jeopardy, that you had never been written up or told that you were being tardy for work too many times. You might want to mention the usual practice of the worksite, in other words, did you come in noticeably later than everyone else, or did people trickle in at their own pace. Was there a policy for calling in or using petty leave when one was late for work? Had anything ever been said to you about this issue?

After taking your claim, and getting your statement about why you are no longer working, the office will contact your former employer and get their side of the story about why you were terminated. When someone is terminated, to keep them from receiving benefits, the employer must show they had a good job related misconduct reason to terminate the person. This means they had to prove you did something voluntarily, knowing your job was in jeopardy, to cause you to be terminated. If you had no prior warnings or disciplinary trail for this issue, it has to be gross misconduct, something so bad you should not have done it, even one time. This could be something generally bad, such as punching out a co worker, or it could be something that has been listed in their handbook as immediate grounds for termination, such as looking up a personal website on their computer system or parking in the wrong parking area.

If they do not have this,and you are saying you made a good faith effort to do your job and did not realize you were in danger of termination, your chances of being approved for benefits are pretty strong. If they have documentation of where you were warned about violations of a fixed "manager conduct policy" whatever that is, then your chances aren't so good.

Once you have filed, you will be making certifications for the weeks as they pass. If your claim is approved by decision, you will eventually be back paid for each week you have certified since filing the claim, which will be several. Otherwise, you won't be.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top