Can my boss tell me that I have to choose between going to school or work??

[Ohiogal]

I am in Illinois as far as the state goes. What arguments can I make to try to get my appeal to go my way? I was fired because I exceeded the amount of call ins allowed over a year period. My schedule was constantly changed every week, including a couple of days before a scheduled work day, which contributed to accruing call in points

You haven't read anything, have you? EVERYONE has told you that there are no arguments you can make to get unemployment. If you want to work, you need to be able to work and not demand a schedule around school. Work was supposed to be a higher priority than school and if it wasn't then you don't get unemployment. You were fired for cause. You are not going to get paid to go to school.

 

[edmush]

The unemployment office made a determination against me based on misconduct, not because of my school schedule. As a matter of fact, I have documentation from UI agency that my school schedule had been approved by then as being ok. I was asking if I had any arguments I could possibly use Ohiogal, not to be treated like I was a piece of garbage. I truly feel like I was mistreated, and discriminated against. While I am learning that workers have very little going for them, Iknew little if nothing about this situation. I came to this forum for help, and a little bit of knowledge. While most everyone has been helpful in a respectful way, your attitude Ohiogal is not necessary. People come here for help, I'm sorry if me asking questions was annoying to you, but please don't respond if you don't have anything beneficial to say.

For the rest of you, I truly appreciate your input and advice regarding this situation.

 

[Ohiogal]

The unemployment office made a determination against me based on misconduct, not because of my school schedule. As a matter of fact, I have documentation from UI agency that my school schedule had been approved by then as being ok. I was asking if I had any arguments I could possibly use Ohiogal, not to be treated like I was a piece of garbage. I truly feel like I was mistreated, and discriminated against. While I am learning that workers have very little going for them, Iknew little if nothing about this situation. I came to this forum for help, and a little bit of knowledge. While most everyone has been helpful in a respectful way, your attitude Ohiogal is not necessary. People come here for help, I'm sorry if me asking questions was annoying to you, but please don't respond if you don't have anything beneficial to say.

For the rest of you, I truly appreciate your input and advice regarding this situation.

Missing too much work is MISCONDUCT. Seriously. You missed work due to your school schedule. You don't qualify for unemployment. There are no arguments you can use to overturn that that I can see nor have any of the HR professionals mentioned any. They all seem to agree with me and I with them. Beneficial to say? I told you facts. The issue appears to be that you do not like facts.

 

[Ladyback1]

The unemployment office made a determination against me based on misconduct, not because of my school schedule. As a matter of fact, I have documentation from UI agency that my school schedule had been approved by then as being ok. I was asking if I had any arguments I could possibly use Ohiogal, not to be treated like I was a piece of garbage. I truly feel like I was mistreated, and discriminated against. While I am learning that workers have very little going for them, Iknew little if nothing about this situation. I came to this forum for help, and a little bit of knowledge. While most everyone has been helpful in a respectful way, your attitude Ohiogal is not necessary. People come here for help, I'm sorry if me asking questions was annoying to you, but please don't respond if you don't have anything beneficial to say.

For the rest of you, I truly appreciate your input and advice regarding this situation.

What does your state define as Misconduct?
Some states define violation of company policy regarding calling in as misconduct. Some states define violation of attendance policy as misconduct.

You need to figure out what the state is defining as misconduct

 

[edmush]

Ohiogal, what I will chalk it up to is a miscommunication. While I don't like what I am being told, there is always an argument. It may not be a winning argument, but there's an argument. Right now, I can only go with feeling discriminated, gaining weight due to stress of schedule changing every week, and many little things.

As for the misconduct determination, it would be not adhering to an attendance policy when previously notified.

 

[justalayman]

Since admit to the misconduct, just what argument could their possibly be? I'm not seeing one.

 

[edmush]

Ok, looks like I'm going to have to go with good old fashioned tugging heart seems, and hope I get lucky. Thank you everyone for the input and information. I really appreciate it.

 

[Zigner]

Ok, looks like I'm going to have to go with good old fashioned tugging heart seems, and hope I get lucky. Thank you everyone for the input and information. I really appreciate it.

Unless those heart strings are attached to good evidence that you didn't commit to misconduct, you won't get anywhere.

 

[cbg]

Let me ask you a question. Did you receive any kind of notice or warning that if you continued to call off for school, you would be fired? Or, alternately, was there a policy about how many absences you could have without risking termination and were you aware of that policy?

I am asking those questions for a reason.

 

[edmush]

Yes, there was a policy that 8 call ins/absence points may result in termination based on the write up paperwork. My final call in came after my schedule start time which resulted in 4 total points. Normal call ins result in a single point. The 4 points policy changed the first week of 2014, and I "violated" it in early February.

 

[Ohiogal]

Yes, there was a policy that 8 call ins/absence points may result in termination based on the write up paperwork. My final call in came after my schedule start time which resulted in 4 total points. Normal call ins result in a single point. The 4 points policy changed the first week of 2014, and I "violated" it in early February.

Then you were on notice. You engaged in misconduct and quite frankly put a lot of people out by waiting until AFTER the start of your shift to call in. Misconduct. You won't get unemployment. Not. At. All. And unemployment insurance is not granted by tugging on heart strings. It is granted according to the law.

 

[cbg]

In that case, I agree with the answers above that unemployment is unlikely. Never say never, but I wouldn't be betting the rent on receiving it.

 

[LdiJ]

I am in Illinois as far as the state goes. What arguments can I make to try to get my appeal to go my way? I was fired because I exceeded the amount of call ins allowed over a year period. My schedule was constantly changed every week, including a couple of days before a scheduled work day, which contributed to accruing call in points

What was your actual school schedule?
What kind of work were you doing? Were you doing the type of work where you could be scheduled at any time (mornings, afternoons, evenings)?

Where I am getting at is if you only had school two evenings a week, for example, that generally would not mean that you were not available to accept work, nor that it was necessarily unreasonable for you to tell your boss that you could not work those two evenings a week. However if you had school at different times, 5 days a week then yes it could have been unreasonable to expect your boss to schedule around your school schedule and yes, you would not really be available to accept work.

 

[cbg]

Legally, however, his boss had no legal obligation to schedule his work hours around his school schedule regardless of how reasonable or how easy it would have been to do so.

The OP was aware of the policy that stated how many times he could miss work without the risk of termination. He knowingly exceeded it. In my experience that puts the odds on his being declined for unemployment no matter how available for work he might be.

 

[edmush]

My school was scheduled for Tuesday and Wednesday nights. My job was as a casino employee. We had a schedule bid based on seniority. I didn't get the bid I should have gotten because of my seniority that would have given me those days off, due to another policy that could have been avoided regarding working with family members that was communicated to the boss about 3 weeks prior to the bid.