willful misconduct???

[KEETO]

oklahoma-I was termed for excessive absences i did for 10 of the 12 have dr notes and documentation and the day i was fired weather was bad and i had a small minor wreck i was denied unemployment stating i did not come in and told them i was there for willfull misconduct i then after getting that called my last sup and told them what i was sent and recorded the call him saying that he knew i was not coming and had never agreed to this i also provided the appeal tribunal the dr notes and this recorded call what are my chances of getting unemployment in this circumstance

 

[Hot Topic]

Did you check to see how the legal system of Oklahoma regards recording a telephone call without the permission of the person you're recording?

How long did you work for the company? How many employees does the company have? How close together were the absences? Sounds like an awful lot.

Your post is hard to read and understand, but you don't come off as a responsible employee.

 

[KEETO]

i worked there for 5 plus years the absences were due to severe car wreck that caused me several issues also was sick several times due to the steroids i was taking to heal the conversation was with permission and again this was a day that the weather was so bad that only 35% of eployees showed and this was over a yrs time

 

[Antigone*]

i worked there for 5 plus years the absences were due to severe car wreck that caused me several issues also was sick several times due to the steroids i was taking to heal the conversation was with permission and again this was a day that the weather was so bad that only 35% of eployees showed and this was over a yrs time

allthemwordsandnopuncation.atleasthedidntdothis

 

[Hot Topic]

You said you had a "small minor" wreck the day you were fired. Your other absences were due to a severe wreck and the effects of the steroids you were taking. Did you inform the doctor of those effects?

Interesting.

 

[HomeGuru]

oklahoma-I was termed for excessive absences i did for 10 of the 12 have dr notes and documentation and the day i was fired weather was bad and i had a small minor wreck i was denied unemployment stating i did not come in and told them i was there for willfull misconduct i then after getting that called my last sup and told them what i was sent and recorded the call him saying that he knew i was not coming and had never agreed to this i also provided the appeal tribunal the dr notes and this recorded call what are my chances of getting unemployment in this circumstance

**A: your posts are very confusing, but based on your information, I would agree with the decision of the UE office.

 

[commentator]

Absenteeism, if correctly applied, is one of the easiest things to terminate someone for and not have their unemployment approved. Because it is easy to set a clear cut policy for allowing a certain number of absences, with or without a medical excuse. And then, eventually, the person in question violates the policy. If you had gone to the doctor after the minor car wreck, and had shown medical proof you were too injured to come to work your chances of being approved would have been much better. But staying out because you had to get your car towed or because the weather was bad and the roads were dangerous, unfortunately, can simply be an unexcused absence.

But you'd had many absences, with or without medical excuses. What was the company policy on this? If they had a policy that says 12 absences and you're out, regardless of what they were for, then you're officially out. If you had had a medical excuse for the last absence,the one that precipitated the termination, you would probably have been approved to draw. They look at it that even though the company has a policy that does not accept medical excuses, you could not help becoming ill or injured, so you did not chose to lose your job. This in no way stops them from being able to terminate you, just makes it possible you'll be approved for unemployment after they have done so.

But if I am reading this right, you had a minor traffic accident, you called afterward and said you weren't coming in that day, and that was your last absence before firing. Regardless of whether there was six feet of snow on the ground, although you could certainly bring that up in your appeals hearing.

Then you called your former supervisor AFTER you received your decision denying unemployment decision regarding benefits, right? "He knew I was not coming and had never agree to this" means..what? That he knew you were not coming in, and he did not agree with the company terminating you? Well, that's not very important in your appeal.

Regardless of what you sent to appeals, you will still have to have an appeals hearing. Someone from the company will probably be there to explain what the company policy on absenteeism was, and to present your record and justify why they terminated you.

You will be arguing that you had not had very many absences at all that were not medically related, and therefore they should not count against you. How the absence on that last day was due to inclement weather and the minor traffic accident you had, and how you had no idea of getting fired when you decided not to come in that day. How your supervisor did not want you fired and did not know that this absence was going to lead to your firing.

Chances? Not great. Go on and do the appeal, though. It's always worth that. If the employer wants to get rid of an employee who's absent a lot, what they can do is set a policy, and wait until the employee has that one absence NOT related to medical causes, and terminate then. It will usually come over in unemployment appeals as a justified termination.

 

[KEETO]

thanks

The info you gave seemed the most helpful and mature I appreciate it i asked for legal advice and some people who sit on line all day thought i asked how they felt about me. I personally dont care about a loosers opinion or lack of understanding but you were helpful I by the way got my unemployment the dumbdumb that first answered my post is obviously on here due to lack of life friends or a job. I was a great employee hence 5+ yrs but i was able to prove there was no misconduct since illness is not caused by me and a wreck is not caused by me not to mention sure the fact that the company lied out right and i caught them on tape probably helped. so thank you and to the others dont know why you replied your knowledge is small if that and are of no use find another hobby maybe you can chat with kids and feel better about your lack of knowledge and manners.

 

[pattytx]

OP, please make sure you ask for a refund as you leave.

 

[Beth3]

The info you gave seemed the most helpful and mature I appreciate it i asked for legal advice and some people who sit on line all day thought i asked how they felt about me. I personally dont care about a loosers opinion or lack of understanding but you were helpful I by the way got my unemployment the dumbdumb that first answered my post is obviously on here due to lack of life friends or a job. I was a great employee hence 5+ yrs but i was able to prove there was no misconduct since illness is not caused by me and a wreck is not caused by me not to mention sure the fact that the company lied out right and i caught them on tape probably helped. so thank you and to the others dont know why you replied your knowledge is small if that and are of no use find another hobby maybe you can chat with kids and feel better about your lack of knowledge and manners.

My hobby is trying to decipher posts from people who have no knowledge of punctuation, grammar, and how to write an intelligible sentence.

 

[pattytx]

My hobby is trying to decipher posts from people who have no knowledge of punctuation, grammar, and how to write an intelligible sentence.

And how's that going for ya?

 

[Beth3]

Let's just say it's an on-going project.

 

[Antigone*]

Let's just say it's an on-going project.

Beth, and that is why you are a far better person than I