They made me sign a statement when they fired me, which I did not receive an opportunity to read, nor would they explain it to me when asked. I have known other coworkers to remain working for them with more absenteeism than my own, and I was considered an excellent employee in all of my reviews.
Also, many of my absences were due to an ongoing health problem, though I don't have documentation to that affect.
According to the Determination I received:
The claimant was discharged or suspended as a disciplinary measure by (my employter) on 1/30/2007 because of excessive absenteeism. Information has been presented showing the claimant continued to miss time in spite of warnings and that the claimant was aware that continued absences would mean loss of his/her job. The claimant's conduct was a series of repeated violations of employment rules proving that the claimant regularly and wantonly disregarded obligations to the employer.
2007-02-17 08:25:43 · 21 answers · asked by J B 1 in Politics & Government ➔ Law & Ethics
Signatures given under duress are never valid.
Of course you can appeal.
2007-02-17 08:30:08 · answer #1 · answered by Gaspode 7 · 4⤊ 1⤋
Yes, you can appeal but I doubt you will win. As for documentation your doctor bills and a letter stating your illness would help. But your employer should have known what was going on so they could have made other arrangements to take your place when you were not there. People hire you to come to work and when your not there your out. Why should they suffer when you were hired to do the job. You were also warned. Why didn't you tell them then. There seems to be more to this then a couple of missed days of work due to illness. Also by signing paper you openly admitted guilt so there you screwed yourself. Sorry but I think you better look for another job.
2007-02-17 08:39:39 · answer #2 · answered by ascendent2 4 · 0⤊ 0⤋
Yes of course you can appeal. However, given the circumstances they will probably agree with the ruling. You can still receive unemployment compensation in the state of Arkansas after 90 days even if you lose your case. All you have to do is continue to call in your unemployment status each week. You will be denied every week until 90 days have past. If you are still unemployed at that time, you will receive a check. This has happened to a couple of my friends who were unable to find a job during that time frame. I don't believe the laws have changed.
2007-02-17 14:33:33 · answer #3 · answered by tererize 2 · 0⤊ 0⤋
You can appeal all you want but is that the honest thing to do? You didnt show up to work most of the time. Why should you recieve unemployment for being lazy? You have no documentation of your health problems which doesnt sound right. Where are your benefits records of paying medical bills or checks written out for medicine or doctors visits? Sounds more like you are just lazy and have a bad case of hypocondriacism.
2007-02-17 08:33:36 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Yes,you can appeal but I doubt you will get anywhere.It sounds like if you had some documentation on your ongoing health problem,you might have a chance of winning but without it,your employer will use their documentation of your absenteeism and you will lose.Sorry. I hope your health problem is not serious.
2007-02-17 08:37:30 · answer #5 · answered by Mr Bellows 5 · 0⤊ 0⤋
It sounds like discrimination to me. Try to get together as much documentation as you can and definitely appeal if your state will let you.
Call your doctor and get the dates you were there. Get him or her to write a letter. Since all you want to do is collect and not get your job back, I think you got a case unlike these other guys.
Call the unemployment office and ask them what you will need to do. They will be glad to help you.
I would.
A friend of mine was asked to sign something like that and she refused. She still works there but can be fired at any time they told her. But they don't have her sig on that paper.
The girl above is right. You should not have signed it. You should have demanded a copy and told them you will think about it.
They seemed to need it for something. That's a clue right there. Based on my friend's situation, I will act similarly if I am in the same situation myself.
2007-02-17 08:32:45 · answer #6 · answered by John 16 5 · 0⤊ 1⤋
You can appeal the unemployment departments decision, and it shouldn't cost you anything, I believe it is a right. But you will need some good proof to support your reasoning that it wasn't true. That is the problem for working with companies that are at will employment, they can fire you for any reason.
2007-02-17 08:38:57 · answer #7 · answered by K_Seeks4Answers 3 · 0⤊ 0⤋
You can appeal all you want. It will be a waste of your time and money though. You were fired for cause. You don't get unemployment if you were fired for cause.
And a word of advice. NEVER sign anything you have not read and understood.
2007-02-17 08:29:33 · answer #8 · answered by Lisa A 7 · 2⤊ 0⤋
You can always appeal, but unless you have some way to prove WHY it was impossible for you to come to work, you most likely won't win.
If you have a true medical problem surely you must have SOMETHING that will prove it. ( a letter from a Dr stating your condition?)
It never hurts to appeal, however. It can't possibly get any worse.
2007-02-17 08:31:01 · answer #9 · answered by Anonymous · 0⤊ 1⤋
first you sign a statement under duress than appeal it and get a statement from you doctor that you were sick if you have copy of your reviews make copy of them did you have written warning,or did thy than made them up,ask the state unemployment to refer you to a free legal aid service,the company will try to pull anything off
2007-02-17 08:37:06 · answer #10 · answered by Anonymous · 0⤊ 0⤋
nope... they had a valid reason to fire you... you chose not to go to work so they chose to fire you and replace you with a person to fill the job who is willing to work... the only way you can do anything is if you have proof of your illness meaning doc excuses and medical records stating you needed time from work.. just the common cold excuse Will no work anyone can and use that excuse
2007-02-17 08:32:43 · answer #11 · answered by Anonymous · 0⤊ 1⤋