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  1. #1

    Unhappy Work Release Termination

    My question involves unemployment benefits for the state of: Alabama

    I recently was convicted of a DUI and told to report for a 90 day sentence. My employer agreed to pick me up on work release so I could continue working. He signed papers, submitted to a background check, etc. He also had the manager and another employee checked and cleared to pick me up and take me back to the jail.

    After about 6 weeks into the program my employer stopped picking me up. There was no warning and I was not aware of any problem until I was told by the work release coordinator that my employer had called and said "We can't do it anymore (pick me up) but not to worry, my job was waiting on me when I got out".

    I contacted my mother, who is retired and after about 2 weeks the work release coordinator called my employer to confirm I had a ride to work again and could return to work, at which point my employer said "We have found a replacement, he doesn't work here anymore".

    When I was released I returned to work to get my personal belongings there and return my uniforms and I asked my employer what was my work status, to which he replied "You abandoned your job"!

    I have applied and been denied unemployment compensation and am about to appeal. I feel that there was a breach of trust between my employer and myself and the work release program and that I was in effect, terminated.

    Can anyone shed any light on this for me?

    Thank you

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Work Release Termination

    When I was released I returned to work to get my personal belongings there and return my uniforms and I asked my employer what was my work status, to which he replied "You abandoned your job"!
    Strictly speaking, you did. You weren't mowed down by a semi and hospitalized through no fault of your own. Rather, you willfully engaged in illegal behavior, fully cognizant of the possible consequences.

    You employer had no obligation to hold your job for you, regardless of the fact that he tried to make the situation work initially.

  3. #3

    Default Re: Work Release Termination

    This is a similar case I found in another state. The full text can be found at http://learnmoreabouthr.blr.com/news.aspx?id=75107

    As for the absenteeism, the court found that it was unreasonable of American Express to expect Jenkins to report to work by April 26. American Express had known about Jenkins's conviction and the work-release program and had told Jenkins that she would be able to continue working. Jenkins herself made every effort to get to work, so the absenteeism was not her fault. The supreme court therefore reversed the earlier decisions and found that Jenkins was eligible for unemployment compensation. Jenkins v. American Express, Supreme Court of Minnesota, No. A04-2308 (9/14/06).

    My employer knew about my pending case when I was hired. I know the law in Alabama says basically the same thing as what you wrote. The fact remains that by making me rely on them for transportation (I could have chosen others to take me and in hindsight I certainly should have, but I TRUSTED them to do what they said they would do, particularly when they provided 3 people to do the job.) Then they "abandoned" me. I know the chances are slim for me to win, but there is a principle here I will contest to the end of the appeals process. What they did was wrong.

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