unemployment appeal...win or lose?

Question

I was terminated from my job for tardiness. Old boss didn't care when you came, late or not. We were supposed to write up ourselves when we were late. I was the only one to do this. When the old boss left, the new boss (who had been just a peon like me until promoted to boss) found the late slips and decided to make the retro active. Company policy was after 3 lates you received a warning, 4th, you got 3 days suspension, 5th, termination of employment. She skipped some of the steps and went straight to warning and next time will be 3 days suspension. My car wouldn't start one morning, I was suspended for 3 days. Next week my keys were locked in my car. I was terminated.
I filed for unemployment, I was granted it because locking keys in car is an acceptable reason for tardiness and I shouldn't have been fired.
My old employer is appealing because I locked my keys in my car before (have a 3 year old who likes to push buttons). Will he win the appeal or will I keep my wages?

Answer 1

You will probably keep your wages, provided that you show up for the appeal as instructed (otherwise the other party wins by default.)

"Retroactively" disciplining or terminating an employee is a really questionable practice. You may want to check with your local EEOC or Dept of Labor if you are in the US (www.dol.gov is the DOL site.) I think the employer would have a hard time justifying this one.

In addition to the fact that you were terminated for a stupid reason, the UI judge is probably also doubtful that this is a reasonable disciplinary process, which is why you probably received the award to begin with. UI hearings can set case precedent for other legal proceedings (such as wrongful term suits) - so if you win the UI appeal and the DOL thinks you may have a case for wrongful term, you may want to pursue further action.

Good luck, and may you find a new job where your honesty and conscientiousness are appreciated.

Answer 2

If they rule in the employer's favor, you will get a chance to file to appeal the determination. To do win your case, you will need evidence of the employer's attendance policy, any copies old and new would be helpful. You should also get some witness statements as to their experiences with the policy. Since your old boss left, maybe you could even get a statement from him regarding the policy. Mention in your appeal, the dates of when you were tardy, disciplined, and how you were disiplined. You will have to provide evidence contrary to what the employer is saying to unemployment. Create doubt as to what the policy actually was. If you lose, you will have to repay any benefits that have already been paid out. Do all of your paperwork by the due dates. Keep in mind that the state often sides with the employer.

In the future, you might want to make promptness and attendance a priority. It can harm you a lot in the future when applying for other jobs.

P.S. My 3 year old locked me out of my truck once and I was late for work. After that, I kept a key chain around my neck. Get an extra set. He didn't lock me out again.

Good luck with your appeal!

Answer 3

Too far and bad hours? HAAH! Excuses excuses! Listen... doesn't matter if its to far or the hours are odd... its an f'ing JOB! Wouldn't you and your husband rather earn your own money instead of making the taxpayers pay for you??? Seriously... tell him to work at McDonald's! There is no dignity in living off of the taxpayers money just because your too prideful to do what you got to do and work.... Tell him to find a job no matter where or how far... he needs a job and to stop wasting the hard working peoples money!! Quit after 2 days? no, sorry. Having a job is better than not having one and spending taxpayer money. Tell him to keep the job he has until he finds another, as long as he is working its better than not at all. I suppose your perfectly fine with spending taxpayer money to feed your child rather than your husband feeding your child! ADD: Haha... taxpayers are gonna pay it no matter what, yes that is true.... but that money could go to something better than you... perhaps a new park, maybe that money could be spent to repair the roads, or it could even go to help fund schools so children can get a better education !!! Unfortunately this country has people like you that think they are entitled to taxpayer money, so you would rather be unemployed doing nothing than working ... and unfortunately you ARE taking the TAXPAYERS MONEY AWAY FROM PEOPLE/PLACES THAT TRULY DO NEED THE MONEY !!! I would prefer my taxes fund the education system instead of money mongers like you. No, you are wrong. Unemployment funds come from the taxpayers ... you need to educate yourself. You know when you have a paycheck and there are taxes being taken out of it...? thats because you have to pay taxes to the government so they can pay for people like you. If your employer paid your unemployment then you wouldn't be out of work !! Think about it.... if your employer gives you money and you don't work, then how would that make any sense? If your getting a check from your past employer then you still have a JOB !!! His unemployment check is signed from the government, not a job !!!

Answer 4

we discussed this; we came up with: if you cannot keep a regular work schedule, the termination was justified.
there are many ways to get to work other than private vehicle.
this may seem a bit harsh; however, if you were the owner of a business or this business you would be inclined to agree on the justification.
if procedures followed by the new boss were acceptable and correct, he or she would probably win the appeal.

Answer 5

Most likely you will keep them even though I doubt your "keys locked in the car" story.. However, there are no guarantees. One thing is for certain, you need to take personal responsibility for getting to work on time and make it a priority. Otherwise, you will experience the same problems in the future again...and again...and again.

Answer 6

I cannot believe someone would allow themselves to be fired for such a senseless reason.

Answer 7

Show up at court on time and look nice. You should win.