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Employer Claims Willful Misconduct

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  • 12-17-2018, 10:53 PM
    jk
    Re: Employer Claims Willful Misconduct
    Quote:

    Quoting kevinarmstrong72
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    I left my house in plenty of time to be at work by 830...I was there at 755 or 8am 95% of the time. I gave myself plenty of buffer time. Have you every driven in the area in question?....I didn't think so

    95% of the time? You’re kidding, right?


    it doesn’t matter if anybody knows where you drove. The fact is, you were and it was up to you to consider the driving issues and leave home allowing for adequate time me to get to work
  • 12-18-2018, 07:07 AM
    PayrolGuy
    Re: Employer Claims Willful Misconduct
    Quote:

    Quoting kevinarmstrong72
    View Post
    I left my house in plenty of time to be at work by 830...I was there at 755 or 8am 95% of the time. I gave myself plenty of buffer time. Have you every driven in the area in question?....I didn't think so

    Being late 5% of the time is bad. If you are a full time, 40 hour a week/5 day per week employee that means you are late more than once a month.
  • 12-18-2018, 07:18 AM
    comment/ator
    Re: Employer Claims Willful Misconduct
    Quote: "Have you ever driven in the area in question?....I didn't think so!"


    And if you are going to drop one shred of that personal mouthy defensive attacking attitude toward someone asking a question of you in your (supposed to be very formal) hearing, you might as well not go. They'll understand at once why the employer elected to fire you when you gave them an easy enforceable, measurable reason to do so.

    A personal reason for lateness, such as traffic, poor transportation, etc. might be considered reasonable if it was a one time thing, you know, huge pile-up on the freeway, sudden unexpected weather emergency, etc. But "I was only late 5% of the time" isn't a good thing to mention, either. That's admitting you knew you were late, admitting you knew what time you were supposed to be there, and that you dropped that particular ball more than once or twice.
  • 12-18-2018, 07:36 AM
    eerelations
    Re: Employer Claims Willful Misconduct
    Quote:

    Quoting comment/ator
    View Post
    Quote: "Have you ever driven in the area in question?....I didn't think so!"


    And if you are going to drop one shred of that personal mouthy defensive attacking attitude toward someone asking a question of you in your (supposed to be very formal) hearing, you might as well not go. They'll understand at once why the employer elected to fire you when you gave them an easy enforceable, measurable reason to do so.

    A personal reason for lateness, such as traffic, poor transportation, etc. might be considered reasonable if it was a one time thing, you know, huge pile-up on the freeway, sudden unexpected weather emergency, etc. But "I was only late 5% of the time" isn't a good thing to mention, either. That's admitting you knew you were late, admitting you knew what time you were supposed to be there, and that you dropped that particular ball more than once or twice.

    It also might depend on how many other people were late on the same day at the same time for the same reason. I once worked for a company that was very tough on lateness - three late slips and you're gone! no matter how far apart the lates were (could be one every two years, but even so, if you were late a third time at the end of six years' service, you were gone!) or what the reason was for them. But one day the entire city's subway system shut down for more than three hours, trapping thousands of people in trains underground. Many of those thousands (including me) were on their way to work for this company. Did the company give us late slips? No.
  • 12-18-2018, 09:02 PM
    chyvan
    Re: Employer Claims Willful Misconduct
    Quote:

    Quoting PayrolGuy
    View Post
    Being late 5% of the time is bad.

    Quote:

    Quoting comment/ator
    View Post
    "I was only late 5% of the time"

    He never said that. He was at least 30 minutes EARLY, 95% of the time, and the other 5% of the time he was 29 minutes early to on time or late.
  • 12-18-2018, 09:19 PM
    jk
    Re: Employer Claims Willful Misconduct
    Quote:

    Quoting chyvan
    View Post
    He never said that. He was at least 30 minutes EARLY, 95% of the time, and the other 5% of the time he was 29 minutes early to on time or late.

    That’s not what he wrote. He said he was there at 8:55 or 9:00 95% of the time.


    I left my house in plenty of time to be at work by 830...I was there at 755 or 8am 95% of the time.


    that implies he was late 5% of the time.
  • 12-18-2018, 09:22 PM
    chyvan
    Re: Employer Claims Willful Misconduct
    Quote:

    Quoting jk
    View Post
    that implies he was late 5% of the time.

    No, it implies that he was less than 30 minutes early 5% of the time or late, not always late.

    Either way, from 9/17 to 10/18 that was 24 work days, and he was late 3 times, so he wasn't even early 88% of the time vs the 95% that he claims.
  • 12-19-2018, 02:45 AM
    jk
    Re: Employer Claims Willful Misconduct
    It states he left with plenty of time to be there by 8:30. That is obviously not true since he has been late multiple times.

    It states he was there by 8:00 95% of the time. That alllows for a statenlment he was late up to 5% of the time. Allows, not makes it factual.

    In other words it is meaningless but given the ops arguments, I’ll lean towards it allowing him to be late up to 5% of the time.
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