My question involves unemployment benefits for the state of: Indiana

I was fired from my job a few months ago due to attendance (company's procedure after employees have accrued 9 occurrences). Per my department's policies, I had received a "verbal warning" after 7 occurrences ... and then a "written warning" after 8 occurrences.

A couple of weeks after I was fired (and after talking with several colleagues), I found that two of my occurrences were not valid! My manager had neglected to give me my annual "free excused absence" for 2010 (which removes one occurrence) ... and had also listed an occurrence for a day when there was a severe ice storm (all occurrences for that day were waived for everyone in my department). Therefore, I NEVER should have received a verbal or written warning ... nor should I have been fired.

I filed for unemployment and eventually faxed paperwork to the unemployment Claims Deputy to prove that I had been wrongfully terminated and was due unemployment benefits. The Claims Deputy phoned me and seemed baffled as to why I hadn't taken this up with my employer (never knew this was an option). Finally, I received documentation that my request for unemployment had been denied due to:

"The claimant was discharged due to unsatisfactory attendance. The information provided establishes the claimant was warned about attendance and was aware his/her job was in jeopardy. The claimant has not shown good cause for the last absence or tardiness."

The above denial reason does not make sense to me. I thought that I had explained to the Claims Deputy that I NEVER should have been put on any type of warning since two occurrences were given to me in error. My manager was negligent and the "written warning" should be considered invalid. I did not actually have enough occurrences (per my department's policies) to receive any type of warning. Therefore, my "last absence or tardiness" should not even be a factor.

I thought that I had provided plenty of documentation to the Claims Deputy proving my case -- even had an email from the HR Manager stating that I should indeed have been given a "free excused absence" for 2010. Somehow, the Claims Deputy ignored all my paperwork.

Since I was wrongfully terminated, should I take this up with my previous employer to get my job back (not something I prefer to do)? Should I sue for my full salary, plus benefits, in Civil Court? Or should I just appeal (and is it best if I have some type of attorney or unemployment rep with me).

Thanks in advance for any assistance...