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  1. #1
    Join Date
    Apr 2008
    Posts
    10

    Lightbulb Fired On A Snow Day

    My question involves labor and employment law for the state of: New York
    My question involves unemployment benefits for the state of: New York
    I have been late in the past I had warnings on my last warning I. Was told that I would be released if it happens again. On said day there was a winter snow storm, this caused closing on the roads and accidents. I was 1hr late. As required I called in to my job and let them know of the situation. On my exit interview they stated that they were releasing me because I was late 1hr on the said day. I then ask isn't that a snow day that will be exception out as it has been done in the past when we have multiple lateness of staff in bad weather or other situations ie: (accident that causes road closures) . I was told by the hr rep and manager no it will not be counted as a snow day. It was brought to my attention that the day was exception out for ALL reps that were late on that day. What should I do?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired On A Snow Day

    And were all the other reps also on final notice for tardiness? They don't have to give you a pass just because they gave passes to other employees who normally were able to get to work when they were supposed to.

    What you should do is look for a job that you can get to on time. Your employer did nothing illegal.

  3. #3
    Join Date
    Apr 2008
    Posts
    10

    Default Re: Fired On A Snow Day

    Yes, other reps were on: Final warning, 2nd finally warning, late 20 plus times in less then a 12 month time span, probation, note to file, verbal warning and they all still work there as of today. I would think that since they have exception us out for bad weather before with corrective action in our files what makes this any different. Why would I not get the same benefit that other reps who has a similar record or more severe record then me? Shouldnt all the reps then on their final warning(s) be let go also? I was just thinking I would be intitled to my job back based on that ?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired On A Snow Day

    No, you are not ENTITLED to any such thing. That might be a good point for you to raise in your unemployment appeal. But based on what is in you post, your termination was legal, not unexpected, and you are not ENTITLED to a darned thing with regards to getting your job back.

  5. #5
    Join Date
    Apr 2008
    Posts
    10

    Question Re: Fired On A Snow Day

    So from a HR stand point your saying a company can pick and choose who can be excused for lateness regardless of their previous infractions? So if we both had the same amount of infractions took the same bus to work that got in to an accident and arrived to work late they are allowed to discontinue the relationship with one worker based on that lateness and keep the other work? I appreciate your feed thanks

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired On A Snow Day

    That is exactly correct. The only thing they can't do is base it on a characteristic protected under the law.

    Otherwise, discipline is at the employer's discretion and no law says they have to give all employees the same discipline for the same infraction. It is neither uncommon or illegal for things such as length of service, position in the company, length of time since last infraction (if any), exactly how late the employees were, distance they have to travel, etc., in making the decision.

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