Fired for Chronic Tardiness

[happyjoyjoy]

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.

No I'm just worried about if I'll receive unemployment

[Conrad Hunter]

What is all the back and forth about what was said or not said? Who cares? Who cares what his schedule was or the exact reason he worked or didn't work it? Nonsense. Immaterial. Waste of time.

The only question is if the employer has any documentation or proof that he was fired for a permitted reason. If you can prove inconsistencies, that the employer is lying, then there is a chance to win on appeal. Generally an employer can fire you for any reason. If you were fired for an impermissile reason, like age discrimination and you can establish the other things are just a cover, then you have a better chance. If you can establish long term employment (6 yrs. is pretty good) and a good working record, you have a better shot. A company that does not give written warnings, performance reviews and builds a good paper trail is just asking to pay UC compensation. Or if you were fired only as a cover for being laid off so the employer could get out of paying unemployment, and you can establish that, you have a real good shot at getting UC.

These are administrative hearings and the rules of evidence don't really apply, which a good lawyer can take advantage of, which is why is is smart to go to these things with an attorney skilled in UC law.

[Mr. Knowitall]

Conrad, you like to make authoritative, definitive statements even when you know nothing about the underlying issues. That's not helpful.

[happyjoyjoy]

Thank you all for your replies I did win the appeal and I have started to get paid