unemployment?

Question

If you are fired for being late for work can you still collect unemployment? I have a friend who has a telephone appeal and needs to know what to say to win. He was late once due to a car accident, and was tardy a couple of times by 10 minutes, he also had a coworker that he thought was a friend try to get him fired for his job position which he ultimately succeeded. This friend was talking to the boss continually about anything and everything that he could because he was next in line if my friend got fired. Does anyone have any suggestions to say at the appeal that would work to his favor?

Answer 1

If you are fired for cause, then you normally don't get unemployment - that's for people who lose their jobs through no fault of their own. If it was just being late once due to the car accident, he'd probably still be able to collect, but the company probably wouldn't have fired him for that in the first place. Sounds like there was a lot more than that that went on - the other times he was late, plus whatever else he was accused of. The company has already given their side of the story. If anything is untrue, then your friend could tell the uc people about that. Other than that, looking hard for another job would be the best path to follow.

Answer 2

The specific rules for collecting unemployment vary by the state. In Illinois after dealing with an IDES investigator the next step is a telephone hearing with an ALJ. This recorded telephone hearing is the only chance the employee gets to state his/her case. Once this hearing is done the employee cannot make any changes to his/her testimony or evidence presented. SO, it makes sense to have an attorney during this hearing.

Having done hundreds of unemployment appeals I will tell you that the info regarding the coworker/friend is worthless. The only thing the unemployment judge is interested in is does the reason for the termination prohibit giving unemployment benefits -- that is determined by applying the state law on unemployment benefits.

Answer 3

I literally have over 300 unemployment cases under my belt. Unfortunately, here is the problem with your friend. The lateness. Had it just been he was late due to the accident he would have had a great chance with unemployment. The friend succeeding in getting him fired has no legal premise. NOW, if your friend was late those other times due to it being related to the accident and he has medical proof that he/she was under the care of a physician THEN he/she has an argument to win the case. If he/she doesn't have any type of documents to substantiate the lateness he/she was fired "with cause" and has no case.

Answer 4

If you're fired you do NOT qualify for unemployment. Unemployment insurance provides workers, whose jobs have been terminated through no fault of their own, monetary payments for a given period of time or until they find a new job.

Appealing a Decision

A determination issued by the Department may be appealed. Appeals can be filed by you or your employer(s). All decisions explain how to file an appeal. You may file an appeal electronically, by mailing a personal letter, or by FAX machine. Once the appeal has been filed an administrative hearing will be scheduled. An Appeal Hearing Guide will be mailed to the parties with the notice of the hearing. It is important for you to participate in this hearing. If the decision involved another party, that party also may attend.

FIRST LEVEL HEARING: The hearing will be scheduled with an unemployment law judge. The hearing will normally be done by telephone. Under unusual circumstances a case will be heard in person. The written record will be reviewed and parties may provide additional testimony. The judge will then issue a written decision, either agreeing with, or changing the original decision. It is important for you to make continued requests for benefits every two weeks during the appeal process so that if the appeal decision goes in your favor, you will be paid for weeks that you have requested, provided all the other eligibility requirements are met. The appeals instructions can be accessed at www.uimn.org/appeals1/.
REQUEST FOR RECONSIDERATION: Any decision handed down by the unemployment law judge may be reviewed by the same unemployment law judge that issued the decision if a request for reconsideration is filed within 30 calendar days of the sending of the unemployment law judge's decision by any involved applicant, involved employer or the commissioner. If a request for reconsideration is timely filed, the unemployment law judge shall issue an order (1) modifying the findings of fact and decision; (2) setting aside the findings of fact and decision and direct that an additional evidentiary hearing be conducted and (3) affirming the findings of fact and decision. Again, it is important to make continued requests for benefits every two weeks while the request for reconsideration is pending, (if you remain unemployed) as you can only be paid for weeks that have been properly requested. The instructions can be accessed at www.uimn.org/appeals/.
COURT OF APPEALS HEARING: Any reconsidered decision by the Unemployment Law Judge may be taken to the Minnesota Court of Appeals. Any questions regarding this procedure should be addressed to the Clerk of Court's office at [phone]. Again, you must make continued requests for benefits while awaiting a final decision if you are still unemployed.

Answer 5

Unemployment is the condition of not having a job, often referred to as being "out of work", or unemployed. Not having a job when a person needs one, makes it difficult if not impossible to meet financial obligations such as purchasing food to feed oneself and one's family, and paying one's bills; failure to make mortgage payments or to pay rent may lead to homelessness through foreclosure or eviction. Being unemployed, and the financial difficulties and loss of health insurance benefits that come with it, may cause malnutrition and illness, and are major sources of mental stress and loss of self-esteem which may lead to depression, which may have a further negative impact on health.