Fired for Attendance issues

[starting over]

What is the name of your state (only U.S. law)? Kentucky

I was fired for cause, attendance issues. Unfortunately, its not as cut & dry as just showing up on time which my employer was aware. They were very understanding, but they have a company to run & I understand why they made the determination.

However, I am being told that you can draw Unemployment in this state even if it was my fault, is this true? I know the employer will fight UI, but is it possible that I can still draw until I can find something else?

I don't know anyone that has drawn UI, so Im kind of lost on this.

 

[cbg]

Depending on exact details, attendance issues may or may not be a qualifying reason to draw unemployment benefits. It would be well worth your time to apply and find out what your state's feelings are in your specific situation. It costs nothing but a little time and there is no penalty for being wrong. The worst that can happen is that they disqualify you, in which case you are no worse off than if you didn't apply in the first place (and you would have the option of appeal).

What harm can it do?

 

[starting over]

Depending on exact details, attendance issues may or may not be a qualifying reason to draw unemployment benefits. It would be well worth your time to apply and find out what your state's feelings are in your specific situation. It costs nothing but a little time and there is no penalty for being wrong. The worst that can happen is that they disqualify you, in which case you are no worse off than if you didn't apply in the first place (and you would have the option of appeal).

What harm can it do?

Thank you for your response, that's kind of what I was thinking too. Guess Im feeling a little guilty since they tried to work with me, but it just didn't work out.

 

[swalsh411]

A consistant pattern of attendence/tardy issues can certainly be misconduct, and in fact depending on the type of records the employer presents, is one of the easier reasons to get a misconduct decision. The examiner will look at the reasonableness of the employer's policy, what sort of warnings the claimant was given, how often they were late or no-show, and if they had a good cause reason.

Why were you not able to show up to work when you were supposed to? The examiner will ask that.

 

[starting over]

A consistant pattern of attendence/tardy issues can certainly be misconduct, and in fact depending on the type of records the employer presents, is one of the easier reasons to get a misconduct decision. The examiner will look at the reasonableness of the employer's policy, what sort of warnings the claimant was given, how often they were late or no-show, and if they had a good cause reason.

Why were you not able to show up to work when you were supposed to? The examiner will ask that.

The employer, I assure you, kept very detailed records. The reasons I was late/no show was varied. Mostly because my abusive husband, which I left, tried to make me lose my job so I would be forced to come back to him....but, I regress. Im not saying it isn't MY fault, I just am trying to figure out what I need to do besides find another job

 

[LdiJ]

The employer, I assure you, kept very detailed records. The reasons I was late/no show was varied. Mostly because my abusive husband, which I left, tried to make me lose my job so I would be forced to come back to him....but, I regress. Im not saying it isn't MY fault, I just am trying to figure out what I need to do besides find another job

Again, it never hurts to try to collect unemployment.

 

[cbg]

There are states where the situation you describe is spelled out as a valid reason to quit and receive benefits, so I can't imagine that a termination for tardies/absences related to the same situation would be handled terribly differently. There are also states where it would be looked at on a case by case basis. I do not know how your state addresses it.

But I cannot see any downside to applying. As I said above, the worst they can say is no. There's not going to be any penalty for applying when you don't qualify.

 

[starting over]

Thanks for your responses, I went to Unemployment today. I was told what my benefits would be if I qualify and was directed to open a claim and sat at a computer. However, further conversation that this just happened yesterday, I have to wait till Sunday to start the process. She gave me a book & her phone number, in case I had any questions she could help with.

 

[commentator]

Great. Usually if you were not out of work due to an illness with a doctor's excuse on that last incident, the one that caused you to be officially terminated, you will not be approved for benefits. They hold that you can control most things, but you can't control illness, and if you were out for a documented medical reason, you are able to draw benefits, even if it was the last absence and you were terminated by the company. But things like cars breaking down, the babysitter quit, oversleeping...those are considered something you had control of and should have found a way to work anyhow.

However, with the extended benefits programs, all the states were obligated to accept a few more exemptions and special situations. Some states agreed to give special consideration in unemployment for people who were the victims of domestic abuse. If you have any proof of the abuse, such as that you had to go to a shelter or leave the home and contact law enforcement and involve them....something that shows you were an victim of domestic abuse and this was the reason you were out of work (remember, this applies ONLY to the one absence that cause you to be fired) there may be a chance you're more likely to be approved.

But absolutely nothing is lost by your filing for benefits. And get out of that situation you're in. Now that you're not working, you need to use the time to move on. No spouse or boyfriend who tries to get you fired, hides your keys, holds you in the house to keep you from working is somebody you need to be with. MOVE. Go find a job elsewhere. You can, if approved, draw those benefits from anywhere.

 

[starting over]

Great. Usually if you were not out of work due to an illness with a doctor's excuse on that last incident, the one that caused you to be officially terminated, you will not be approved for benefits. They hold that you can control most things, but you can't control illness, and if you were out for a documented medical reason, you are able to draw benefits, even if it was the last absence and you were terminated by the company. But things like cars breaking down, the babysitter quit, oversleeping...those are considered something you had control of and should have found a way to work anyhow.

However, with the extended benefits programs, all the states were obligated to accept a few more exemptions and special situations. Some states agreed to give special consideration in unemployment for people who were the victims of domestic abuse. If you have any proof of the abuse, such as that you had to go to a shelter or leave the home and contact law enforcement and involve them....something that shows you were an victim of domestic abuse and this was the reason you were out of work (remember, this applies ONLY to the one absence that cause you to be fired) there may be a chance you're more likely to be approved.

But absolutely nothing is lost by your filing for benefits. And get out of that situation you're in. Now that you're not working, you need to use the time to move on. No spouse or boyfriend who tries to get you fired, hides your keys, holds you in the house to keep you from working is somebody you need to be with. MOVE. Go find a job elsewhere. You can, if approved, draw those benefits from anywhere.

Thank you for that information, it was most helpful. Im going to register/open/file a claim on Sunday, the worst they can say is No. I am out of that situation, sort of, anyway. I really won't be out of it for the next 15 years, we have a 3 yo together. But, I moved out 8/2012, but I have contact with him 4-5x a week because of our Daughter. I was spot on though, told him I was fired, his response was for me to pack our S$^# and come home.

I will update you guys on what they say, it could be up to 2 weeks before a determination is made though.

 

[commentator]

When you file your claim this coming Sunday, you will not hear a yes or no answer. You will just be asked a lot of very specific questions, primarily "What happened on the last day you worked?" and "Why were you told you were no longer working there?" and "Did you have any warnings or write ups concerning this issue?" In other words, did you know that this absence might result in your being terminated? Then they will contact the employer, ask them what the reason for termination was, and then they will issue a decision concerning the approval or disapproval of the claim. Either party can then appeal this decision. It will be two or three weeks from the time you file until you receive the initial decision. Once you have filed the claim, you will begin making a certification for each week that passes, and if you are approved, you'll eventually be back paid for each week that has passed since you have filed the claim. Keep making those certifications, even if you get word your claim has been denied, until you have had the appeals hearing.

And don't go home. This person is trying to ruin your life, your job is causing interruptions in this control, and you must be deprived of it so you'll be totally within their power. You do not need to keep up a constant sociable communication with him because you have a child together. You need to get formal court orders to settle this, not just try to work it out between you. I suspect child support is an issue here, he's not wanting to pay any, and will threaten you with harm if you were to ask for any.
But now that he's gotten you fired and you're very short of money, particularly if you do not get approved for unemployment benefits, if you sign up for any kind of public assistance, they'll get it from him, you do not have to go back to him in order to survive.

 

[starting over]

When you file your claim this coming Sunday, you will not hear a yes or no answer. You will just be asked a lot of very specific questions, primarily "What happened on the last day you worked?" and "Why were you told you were no longer working there?" and "Did you have any warnings or write ups concerning this issue?" In other words, did you know that this absence might result in your being terminated? Then they will contact the employer, ask them what the reason for termination was, and then they will issue a decision concerning the approval or disapproval of the claim. Either party can then appeal this decision. It will be two or three weeks from the time you file until you receive the initial decision. Once you have filed the claim, you will begin making a certification for each week that passes, and if you are approved, you'll eventually be back paid for each week that has passed since you have filed the claim. Keep making those certifications, even if you get word your claim has been denied, until you have had the appeals hearing.

And don't go home. This person is trying to ruin your life, your job is causing interruptions in this control, and you must be deprived of it so you'll be totally within their power. You do not need to keep up a constant sociable communication with him because you have a child together. You need to get formal court orders to settle this, not just try to work it out between you. I suspect child support is an issue here, he's not wanting to pay any, and will threaten you with harm if you were to ask for any.
But now that he's gotten you fired and you're very short of money, particularly if you do not get approved for unemployment benefits, if you sign up for any kind of public assistance, they'll get it from him, you do not have to go back to him in order to survive.

Yeah, that's what the book said, up to 15 days for decision. Im not going to stress whether I am approved or not, I can get another job. I just hate that I lost 7 yrs, they were like family. But, although I made a decent rate for the area, I had to travel almost an hr each way. My current schedule had me up at 230 am, out the door by 330 & daughter at daycare by 4am. And, the extra I was making was going in my gas tank. So, even if I find something local (very rural community) at less money, Ill probably make out better. Im not going back to him, I've had 9 yrs, 7 of which we have been married. I've had entirely too much occur in the last 3 yrs to put up with stuff like that anymore (if interested, my PH would explain some), life is entirely too short.

Ive chosen, at this time, to keep the CS & custody out of the courts. He does pay some CS, but it is less than the guideline. However, I accept it as a tradeoff since we are still married, he maintains my health and dental & helps with car repairs, house repairs. He's makes a great friend and he's really handy, but he is a lousy husband, though. I keep an open door policy with our Daughter, I am strong enough now that I am not afraid of him anymore & have no issue booting his butt out my door I am a different person than I was 3 years ago.