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Fired but they say no

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DeadRose80

Junior Member
I used to be employed by Belk Inc in Williamsburg. I worked there for almost 3 years. Started classes sometime in January and due to that fact and the fact that it was kind of difficult for me to find a suitable mode of transportation after my car was totaled the year before, I was fired with no warning what so ever. I did call but of course there's no body in that store between 6am-8am which ironically that was around the time I had to be at work. I text my immediate supervisor and she never returned my messages. I finally got myself a car and I was more than willing to go work. I asked several times for my schedule, I called and nothing. Around February or March I decided to apply for unemployment benefits and got denied because they stated that I did not show up for work the 1st, 2nd and 9th of March. Again I did not receive a schedule since the end of January, beginning of February. They also stated on the interview with unemployment and I quote "The claimant indicated she was not willing to discontinue school or change her class hours for suitable full time work." I have no choice in the hours of my school. I either go to school during the day or night... I chose evenings cause it was easier for me due to day care expenses. Also, may I remind that I worked for this company for almost 3 years and not even once was I offered a full time position. I did asked time and time again and all they came up with was excuses as to why they couldn't give me a full time position. They flat out lied to the deputy that conducted the interview. I am right now 5 months pregnant and actively seeking work. I cannot find employment not only due to my pregnancy but also because it is required to give your previous employers number and I know they must be lying about my performance in the work place. What can I do about this? I have 3 little girls; 2 in school and one about to attend school soon. I am pregnant with my last baby and can't even find a job because Belk has dirty my name. What can I do to pursuit this? How much will it cost me?
 


Zigner

Senior Member, Non-Attorney
Let's bottom-line it:

You had attendance problems at work.
They terminated your employment due to those problems.
They are fighting your UI claim.

What is your question?
 

Isis1

Senior Member
They are saying that I quit which I didn't. As for attendance, I did everything I could to get a ride to work.
how many days went by before you decided to show up back to work?

are you aware job abandonment is considered quitting?
 

commentator

Senior Member
You really have no recourse. It sounds as though your unemployment claim has been or is about to be denied. Rightfully so. You were terminated for attendance issues. So many, regardless of reason, and you're out. Quitting by not showing back up to work when scheduled is the same as being fired for unemployment issues. Either way, you don't get it.

They certainly were under no obligation to arrange your hours around your schedule, put you on full time or to continue to put you on the clock when you had been a no-call no show, even though you said you had tried to call in. If they didn't send you the schedule showing you were supposed to work those days, it was your responsibility to find out if you were on it.

Apparently their evidence of your violation of the attendance policies was enough to impress the appeals hearing officer. Once you have been denied in this hearing, there is no point in taking it to the board of review. Hiring an attorney will not get you unemployment at this point, because you were terminated for a "valid misconduct reason" not showing up for work.Or you quit. Makes no difference.It's even harder to draw if you quit than if you were fired.

It is totally legitimate for the employer to do this. They need to stay in business and have reliable workers. They don't care that you were having car troubles, nor that you are the mother of three small girls and you really need a job, or that you are in school or that you really wanted to be full time and they didn't put you on full time.

You also, it appears, had an availability issue when filing your unemployment claim, in that you seem to have told them you could only work part time because of your school schedule or could only work certain shifts, days and hours. This is a no-go for unemployment, even aside from the other reason, that you were not let go through no fault of your own, you were terminated for violation of the company attendance policies, or you quit due to lack of transportation, it interfered with your school hours, whatever.

It is totally legitimate for Belk to tell a reference seeker the reason you were terminated, (attendance) or that you abandoned the job. Either way is true. This is not "dirtying your name." You have three small children, you are in school, you are pregnant and you were fired from your last job due to attendance issues. What's more, you probably only have very limited hours you are willing to work. It's not really hard to believe you are having a hard time finding another job, it's probably not Belk's fault.

Public assistance is about your only alternative, as unemployment is not going to work for you in this case until you work somewhere else for a while and are let go through no fault of your own.
 
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Antigone*

Senior Member
I used to be employed by Belk Inc in Williamsburg. I worked there for almost 3 years. Started classes sometime in January and due to that fact and the fact that it was kind of difficult for me to find a suitable mode of transportation after my car was totaled the year before, I was fired with no warning what so ever. I did call but of course there's no body in that store between 6am-8am which ironically that was around the time I had to be at work. I text my immediate supervisor and she never returned my messages. I finally got myself a car and I was more than willing to go work. I asked several times for my schedule, I called and nothing. Around February or March I decided to apply for unemployment benefits and got denied because they stated that I did not show up for work the 1st, 2nd and 9th of March. Again I did not receive a schedule since the end of January, beginning of February. They also stated on the interview with unemployment and I quote "The claimant indicated she was not willing to discontinue school or change her class hours for suitable full time work." I have no choice in the hours of my school. I either go to school during the day or night... I chose evenings cause it was easier for me due to day care expenses. Also, may I remind that I worked for this company for almost 3 years and not even once was I offered a full time position. I did asked time and time again and all they came up with was excuses as to why they couldn't give me a full time position. They flat out lied to the deputy that conducted the interview. I am right now 5 months pregnant and actively seeking work. I cannot find employment not only due to my pregnancy but also because it is required to give your previous employers number and I know they must be lying about my performance in the work place. What can I do about this? I have 3 little girls; 2 in school and one about to attend school soon. I am pregnant with my last baby and can't even find a job because Belk has dirty my name. What can I do to pursuit this? How much will it cost me?
You had obvious attendance issues and obvious performance issues. Belk would not be dirtying your name, you did that all on your own. Also may I remind you, that the length of time you worked for them means nothing. You made choices ~ you chose school, having babies you could not afford, etc, etc. They chose not to have you as an employee.
 

cbg

I'm a Northern Girl
Telling the truth about what happened - that you had attendance issues - is NOT "dirtying your name". It is telling the truth. That is what references are for.
 

justalayman

Senior Member
I did everything I could to get a ride to work.
that is irrelevant. You either showed up to work when you were required to or your didn't. Unless it was for a medical reason where FMLA would apply, why you couldn't make it to work doesn't make any difference.


I have no choice in the hours of my school. I either go to school during the day or night..
that has no bearing on your work. If your chose to go to school over reporting to work when scheduled, then you refused to report to work and they have every right to fire you and dispute your UI claim.
 

swalsh411

Senior Member
that is irrelevant. You either showed up to work when you were required to or your didn't. Unless it was for a medical reason where FMLA would apply, why you couldn't make it to work doesn't make any difference.
Well that's not always true. If an employee was fired for a one-time attendance infraction because they had some extenuating circumstance and were not able to get to work they aren't going to be disqualified for that. The OP however has obviously shown a pattern as opposed to a single incident.
 

justalayman

Senior Member
Well that's not always true. If an employee was fired for a one-time attendance infraction because they had some extenuating circumstance and were not able to get to work they aren't going to be disqualified for that. The OP however has obviously shown a pattern as opposed to a single incident.
I'm sorry but it is always true. The employer has the right to fire you unless you have a legal defense.


How it affects a UI claim is another situation.
 

swalsh411

Senior Member
I'm sorry but it is always true. The employer has the right to fire you unless you have a legal defense.


How it affects a UI claim is another situation.
You didn't read what I said. Of course the employee can be fired for a single incident. What I said was that a single incident with extenuating circumstances would likely not disqualify one from unemployment benefits.
 

commentator

Senior Member
Agree, but the extenuating circumstances for the final incident would have to be pretty major. As we had a new employee who didn't show up for work or call in on her first day scheduled. She had been in a terrible car accident on her way to work and was unconscious in the hospital. This was extenuating.

Usually the unemployment office will want to see a medical statement, as one is supposedly unable to prevent illness or major accident, but cars breaking down, baby sitters not showing up, alarm clocks not going off, expected ride to work didn't come are not considered very good reasons, as they are taken to be personal management issues that the claimant had control over.
 

justalayman

Senior Member
You didn't read what I said. Of course the employee can be fired for a single incident. What I said was that a single incident with extenuating circumstances would likely not disqualify one from unemployment benefits.
You were commenting on what I said and claiming what I said was incorrect. I simply was stating that your correction was incorrect because I never said anything about UI in that statement. It was merely in reference to being fired which is totally legal unless the employee has some legal defense, such FMLA leave.

I did not comment on your claim. I was defending my statement, which is what you were attacking.


geesh.
 

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