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  1. #1
    Join Date
    May 2018
    Location
    Lexington, KY
    Posts
    7

    Exclamation Unemployment Denied for Willful Misconduct

    My question involves labor and employment law for the state of: Kentucky

    I was terminated on 4-23-2018 after 9 years 10 months at a childrens hospital. It was for unsatisfactory job performance. I have major depression disorder. The termination happened after 3 months of non-stop berating of my job performance. They wrote me up 4 times for anything from punctuation to violations of policy. They choose to enforce these with me and no one else. I have appealed their decision of willful misconduct. The hearing is 5-30-2018 at 1pm. What can I do or say to get my unemployment benefits. It is vital that I win I will lose apartment and everything that I have worked for . After I was terminated I was informed from a member of corporate that downsizing was happening. They have turned my old job into part time 2-3 times a week without benefits.

    Please help

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Unempolyment Denied for Wilful Misconduct

    There is nothing we can tell you that will guarantee that you will when the appeal.

    Neither their actions towards other employees or you great need for the benefit are going to help you.

    What you call berating they will likely call discipline. The write ups help their case not yours.

    Your one bright spot, and it is a long shot, is the issue with them down sizing your department. Is there some employee agreement that would not have allowed them to reduce you to part-time, no benefits?

  3. #3
    Join Date
    May 2018
    Location
    Lexington, KY
    Posts
    7

    Default Re: Unempolyment Denied for Wilful Misconduct

    I do not know . Nothing like this is in the employee handbook?

    Does my major depression disprove the willful misconduct?

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Unempolyment Denied for Wilful Misconduct

    So I'm going to assume there wasn't any sort of contractual agreement stopping them from moving you from full to part time.

    You medical condition does not disprove willful misconduct.

    What exactly does the notification that you were disqualified for unemployment say about the reason?

  5. #5
    Join Date
    May 2018
    Location
    Lexington, KY
    Posts
    7

    Default Re: Unempolyment Denied for Wilful Misconduct

    I am the only one terminated and job reduced to part time after wards.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Unempolyment Denied for Wilful Misconduct

    Quote Quoting rrose9791
    View Post

    Does my major depression disprove the willful misconduct?
    No, but it may also disqualify you for benefits. You certainly don't want to indicate anything that would lead them to beleive you are unable to work.

  7. #7
    Join Date
    May 2018
    Location
    Lexington, KY
    Posts
    7

    Default Re: Unempolyment Denied for Wilful Misconduct

    The claimant was discharged for failing to perform the work to the employer's satisfaction. The findings of fact establish the work was within the claimants ability. The claimant was aware of the job responisabilities and had been previously warned by the employer. The claimant failed to perform the work satisfactorly after receiving warnings. The claimants actions were in willful or wanton disregard of the employers business interests. The discharge was for misconduct with the work

    It is a medical disability?

    So I really have no hope of getting unemployment?

  8. #8
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Unempolyment Denied for Wilful Misconduct

    Quote Quoting rrose9791
    View Post
    I am the only one terminated and job reduced to part time after wards.
    The fact that they replaced you with a part time person doesn't help your case. In fact they could argue that you were so bad at your job that they learned that they could live with a part time employee.

    Quote Quoting rrose9791
    View Post
    The claimant was discharged for failing to perform the work to the employer's satisfaction. The findings of fact establish the work was within the claimants ability. The claimant was aware of the job responisabilities and had been previously warned by the employer. The claimant failed to perform the work satisfactorly after receiving warnings. The claimants actions were in willful or wanton disregard of the employers business interests. The discharge was for misconduct with the work

    It is a medical disability?

    So I really have no hope of getting unemployment?
    Sounds like the employer communicated their position properly to the UI agency. You have already admitted that you did receive write-ups.

  9. #9
    Join Date
    May 2018
    Location
    Lexington, KY
    Posts
    7

    Default Re: Unempolyment Denied for Wilful Misconduct

    So I have no defense against this at all?

  10. #10
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Unempolyment Denied for Wilful Misconduct

    You challenge what they said. THe excuses you provided earlier don't refute the willful misconduct.

    Possibilities:

    1. You didn't do the things they said you did.
    2. Such things don't fall under the category of employee misconduct.
    3. The failures weren't willful, but either accidental, unavoidable, or things you just weren't able to avoid.

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