Referee Doesn't Need Witness for Decision

[niceone1]

My question involves unemployment benefits for the state of:fla

hi im new to the forum and thanks in advance for the advice.

i was denied my unemployment claim in florida on grounds that i volutarily quit. it was called job abondonment.

what really happened is, that i got permission from a manager at the department store i worked at. my little bro was kslain and i was told verbally by my direct supervisor that ihad bereavement time to got home to attend the funeral.

upon arrival from home after 5 days (i was granted 5 days because i had to go more than 250 miles) i went to work on my scheduled day. before i clocked in, another manager pulled me to the side and let me know that i had been terminated. when i asked why, he stated for no call no show. i explained to him that i was given permmission, and even showed him the obituary i was instructed to bring back for my file. the manager who i recevied permission from at the time, wasant there at the moment to verify my story so i was escorted out. i was told i had to call and talk to eugene (the manager i received permission from)
i ended up calling the next day, but didnt reach him. after that i didnt pursue it, 1, because i had been at the job less than a month and it was low paying, and 2, because my mom wanted me to come home and be with her since my brother died.

fast foward to my unemployment appeal telephone hearing. i had a witness registered who was there when i got the call at work and would testify that i received verbal permission from manager eugene at that moment. he can attest to this because they let him off to take me home because he was my ride to and from work everyday. this to me was a smoking gun.

during the hearing i am questioned by the referee and by the hr rep for my employer as to why i didnt call hr when there was an apparent disput as to why i was fired. i answered that i wasasnt instructed to call hr, but to call eugene. i also explained that i only made one attempt at this because i decided to go back home in lieu of the recent tragedy. i do not think this was received well by the referee.

the judge asked the hr rep do managers give verbal permission for vaction and bereavement and she said yes. this was in my favor. the hr rep also stated that she searched for a eugene in the computer and they didnt have one that worked for the company at the time i did.m thiss is very odd, i am positive that his name was eugene. i also couldnt remember the manager that instructed me i had been terminated name, i could only give a description.

the hr rep stated they didnt have any entries in my file. i asked was it custumary to contack employees who no call no show and the hr rep said it is the responsibility of the employee to call in. i asked this to prove that if i didnt show uo theat they would have in my record that they tried to contact me

my final argument stated that i am being punished for lack of communication and misorginization on managements part. now the referee starts to wrap up and i say"hold up, what about my witness? the referee says that she dosent need my witness testimony because she has enough info. my appeal letter says the best evidence is a witness who was present at the event. so why would she deny my witness tetimony. the company didnt have any witnesses.

what is the likeley outcome of my case? whats up with the witness not being called?

i know this is a long post and i really do appreciate the time anyone takes to answer my questions

[PattyPA]

This statement right here is going to be your problem.

i decided to go back home in lieu of the recent tragedy.

It says that you did not try to clarify the situation and possibly get your job back. That's what the UI commission expects you to do; mitigate the consequences.

[niceone1]

thanks alot patty, you seem to know the process well. not contacting hr was a definetly hurt my argument, but i didnt know what to do. this was only my second job ever (1st was military) and i only worked at this company less than a month. i tried to call the manager who granted me leave, but only made one attempt. i know how it looks. if i was wrongfully fired why wouldnt i put up more of a fight. that is a valid question. i chose spending time with my family insted by going back home and not fighting the battle. why is the burden on me though? i was told i was fired and i didnt agree with the reason. should i have to fight for my job back? if so, then i will admit that im in the wrong. also, why wouldnt the referee want to hear any of my witness testimony? is my case that open and shut

[PattyPA]

"Wrongful termination" and eligibility for UI benefits have two separately unique sets of criteria.

From what I could tell from your post, you were fired for no call, no show. You had an opportunity to revisit this decision and present your evidence to the manager that you DID call or that you DID have approval from your supervisor for the absence. That might have gotten your job back.

You can appeal, but I wouldn't be terribly optimistic.

BTW, if you only worked at this job for a month, when did you get out of the military? Right before that?

Having said all this, though, I'm sorry for your loss.

[niceone1]

thanks patty. i became a fulltime student for 2 years after the navy, then i started the job in question. its sounds like i loss, because you make valid points. do you think that the referee didnt want to hear my witness because my handling of the misunderstanding was improper? after reading your post, it sounds like regardless of witness testimony i would lose anyway? but still, arent they obligated to let me present my witness?

[PattyPA]

The Hearing Officer probably figured the witness was irrelevant, because it was your actions (or lack thereof) that ruined your chances of maybe getting your job back.

Having said that, though, if you didn't work for wages while you were going to school, you wouldn't have been financially eligible anyway and I'm surprised your claim even got this far.