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unemployment

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dirtman261

Junior Member
I was fired on May 5th for leaving a job site on the 3rd of May I left to get an abcessed tooth looked at The Dentist did not pull it that day cause of infection he put me on antibiotics for a day I went back to work less than 2hrs after I left and finnished the Day I went the next day to have my tooth pulled. I went in early worked my 8 hours and on wednesday after working all day the told me i was terminated there reason was i didn't notify the office i did make it known to the supervisor of the plant that I was leaving. they are trying to deny unemployment can they do that?What is the name of your state (only U.S. law)?
 


cbg

I'm a Northern Girl
Of course they can do that. They already did.

The employer always has an uncontested right to contest, just as you have the uncontested right to file, and either party has the uncontested right to appeal if the decision goes against him (or her).

Whether or not the employer will be successful will be up to the state.
 

commentator

Senior Member
Yep, they fired you. And now they're contesting your unemployment, fully within their right to do so. Saying they fired you for violation of the absenteeism policy, which is misconduct, something within your control whether you are absent from work or not. Which means no unemployment.

But since you can present a medical excuse for this absence (both of them) and show that it was absolutely necessary for you to have this dental work done, and you did have the dental work done by a dentist (see excuse) over the two days, this was not a choice, this was a medical emergency. Missing the time was not a misconduct. The sticky icky part of this is that you may not have, from the sound of it, followed their notification policy for taking this absence. If they determine this, the claims office still can deny your unemployment, saying you failed to follow the correct notice of absence procedure, though you were fully aware of what it was and should have done it, and that constitutes misconduct.

Your unemployment is always approved or denied by the state, not the employer. The employer just presents their argument as to why your unemployment should be denied,why they had a valid misconduct reason to terminate you. In appeal, if you are denied, you'd tell them how you did, in your opinion follow the notice procedure by telling your supervisor. They may, or may not agree with you.
 

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