Fired 4-6 weeks later?!?

[BigMouthWino]

I don't quite get the seeming consensus here that this termination would qualify for UE benefits...

OP regularly violated employment policy with regard to attendance, was in fact suspended and terminated. Repeated violations of a company's policies and procedures are a termination for cause.

I think UE will be an uphill battle for the OP. But if you can enlighten me why you believe he would receive benefits I'd certainly be interested...

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OP: At your next job, if you are thinking about putting in for a "promotion" consider doing what your employer tells you to do.

 

[justalayman]

I don't quite get the seeming consensus here that this termination would qualify for UE benefits...

OP regularly violated employment policy with regard to attendance, was in fact suspended and terminated. Repeated violations of a company's policies and procedures are a termination for cause.

I think UE will be an uphill battle for the OP. But if you can enlighten me why you believe he would receive benefits I'd certainly be interested...

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OP: At your next job, if you are thinking about putting in for a "promotion" consider doing what your employer tells you to do.

I believe the opposite. His attendance issues were dealt with. No new issues so since the did not terminate for the prior incidents, he shouldn't be dq'd for UI.

 

[mrobison14]

@BigMouth - Thanks for stating the obvious! I'm not sure if you read the entire thread, but I did exactly what was asked and took the punishment that they handed out back in April. There had been no other attendance concerns since then and my manager approved my submitting for the promotion.

 

[BigMouthWino]

The way I read it is corporate terminated him while he was on suspension for violating company policy. They will submit to UE that he was on suspension, reviewed and terminated for cause. OP is talking about racking up 9 attendance issues in a short time span.... I just don't see it.

 

[justalayman]

The way I read it is corporate terminated him while he was on suspension for violating company policy. They will submit to UE that he was on suspension, reviewed and terminated for cause. OP is talking about racking up 9 attendance issues in a short time span.... I just don't see it.

where did you read he was on suspension?

I served my suspension and improved my tardiness.

Even though I have not had a late lunch or any other tardy since that conversation, I was terminated today

 

[BigMouthWino]

In my imagination I guess. My mistake. Thanks for the enlightenment.

 

[Proseguru]

I don't see misconduct here .. and unless the OP had an employee manual that says it binding and the point were noted (and I have not seen a binding employee manual within the last 30 years) then there is nothing wrong with what the employer did.

 

[justalayman]

I don't see misconduct here .. and unless the OP had an employee manual that says it binding and the point were noted (and I have not seen a binding employee manual within the last 30 years) then there is nothing wrong with what the employer did.

i guess you should open your eyes. Both the OP's state and MI have held an employee manual to be an enforceable contract in a couple of situations.

 

[swalsh411]

I don't think qualifying for unemployment will be a problem for the OP. A substantial delay between the time of the alleged misconduct and termination is a defense because if the behavior was so bad that the claimant should be disqualified then why did the employer allow them to continue working? That is the reasoning at least.

 

[cbg]

Besides, it doesn't matter what we think. The state, and only the state, will make their own decision regardless of what we think.

The OP should absolutely file for unemployment regardless. If he's eligible, he gets his benefits. If he's not eligible, he's lost nothing but a little time and he's no worse off than if he never filed in the first place. There's no penalty for filing if you're not eligible. So where's the harm?

 

[BigMouthWino]

Agreed. No matter the reasons for the separation the employee should always file an UE claim. In the end you never know what the state will do. It's just fun to speculate.

 

[commentator]

One of the most important criteria to base an eligibility decision on is whether or not the employee had control of his/her behavior, in other words, is there something they could have done or done differently and kept the job, not been terminated. If a person violates the attendance policies and is not terminated immediately, this behavior on the part of the employer, not to enforce their stated policy, is accepted as their general standard. In other words, if they waited six months and then popped up and fired the person, citing what he/she did to violate the attendance policy six months ago, with no violations since then, that's not at all likely to be considered a good misconduct reason to terminate. If they were terminated as soon as the last violation had occurred, yes, that would have been a valid reason for termination, no benefits likely. If they had been on a suspension or something since then, no benefits likely.

Just like the person who quits their job because six months ago, my boss slapped me in the face. So I quit today. Would have been a pretty good reason at the time it happened, isn't going to work at this late point.