Fired for Chronic Tardiness

My question involves unemployment benefits for the state of: Florida

At the time when I was fired I was told that it was for accessing Yahoo Finance Website, which I didn't do, and I asked to see the screen shots b/c I knew I was never on that site....Then when I had the interview with the unemployment officer I was told that I was fired for excessive tardiness....I explained to her that I worked @ the job for 6yrs on the same schedule and one day I came in an my schedule was changed w/out my knowledge and I explained to my supervisor @ the time that i couldn't work that shift and my supervisor continued to let me work my normal shift even thought it wasn't changed in the system until they could put me on a different "team." I was never written up for coming in late I was only written up once for coming back from lunch late. I explained all this to the officer and was denied, then I filed an appeal. My question is what are my chances of winning the appeal b/c from the system stand point I did come in late but my supervisor lead me to believe it was OK. Also the papers I got about the appeals hearing said that proof would be enclosed but there was no proof from my employer, does that mean they don't have any proof of my "chronic tardiness"?

You haven't shared enough details for us to assess your changes. Your schedule was changed, your supervisor told you of the change and that you were late, you replied that you could not get to work on time until you were on a different team, and then... you haven't told us.

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Quoting Mr. Knowitall

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You haven't shared enough details for us to assess your changes. Your schedule was changed, your supervisor told you of the change and that you were late, you replied that you could not get to work on time until you were on a different team, and then... you haven't told us.

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my supervisor continued to let me work my normal shift (not the new schedule) even thought it wasn't changed in the system...and then about 6 months later i was called into the office and was told I was suspended for accessing Yahoo Finance website....I didn't find out I was fired for tardiness until the unemployment person told me

So your supervisor said, "You're coming to work late," you responded, "Unless you change my schedule I'm going to continue to come to work late," they did not change your schedule, and you continued to arrive late? You certainly can try arguing that the lateness was waived by virtue of their failure to take any further disciplinary action prior to firing you, and it's possible that the ALJ hearing the appeal will accept that argument, but we cannot promise that outcome.

If the letter references an inclusion that did not arrive, odds are the person who stuffed the envelope forgot to include the referenced document.

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Quoting Mr. Knowitall

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So your supervisor said, "You're coming to work late," you responded, "Unless you change my schedule I'm going to continue to come to work late," they did not change your schedule, and you continued to arrive late? You certainly can try arguing that the lateness was waived by virtue of their failure to take any further disciplinary action prior to firing you, and it's possible that the ALJ hearing the appeal will accept that argument, but we cannot promise that outcome.

If the letter references an inclusion that did not arrive, odds are the person who stuffed the envelope forgot to include the referenced document.

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No I told her I couldn't come @ that time and she said it was ok to continue to work my regular schedule until they could put me on another team

Ok - are you saying you were told you could go ahead & work your normal schedule (until you could be put on another team) but the system wasn't changed to show this so it showed you were coming in late? (wrong schedule in system)

Your prior schedule was what? Your new schedule was what? The hours you worked instead of your new schedule were what?

Okay, for the sake of argument, let's say they don't have proof of your chronic tardiness. What do you think that would mean?

I ask because you actually haven't asked a question.

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Quoting cbg

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Okay, for the sake of argument, let's say they don't have proof of your chronic tardiness. What do you think that would mean?

I ask because you actually haven't asked a question.

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this is my Original Question: My question is what are my chances of winning the appeal b/c from the system stand point I did come in late but my supervisor lead me to believe it was OK. Also the papers I got about the appeals hearing said that proof would be enclosed but there was no proof from my employer, does that mean they don't have any proof of my "chronic tardiness"?

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Quoting Mr. Knowitall

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Your prior schedule was what? Your new schedule was what? The hours you worked instead of your new schedule were what?

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prior schedule 10-10:30 new schedule 9-9:30 The hours you worked instead of your new schedule 10-10:30

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Quoting Betty3

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Ok - are you saying you were told you could go ahead & work your normal schedule (until you could be put on another team) but the system wasn't changed to show this so it showed you were coming in late? (wrong schedule in system)

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yes that 's correct ....but based on the policy you're suppose to speak with the floor manager before anything to see why your having attendance issues and if it keeps on you're suppose to speak with someone in human resources they'll review your file and see if you'll remain with the company or not..that was never done nor did I know i was being fired for tardiness

If we are talking unemployment ONLY, I think you have a reasonable shot on appeal. But if you have in the back of your mind that this is any kind of wrongful termination or that the employer has violated any laws, it isn't and they haven't.