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| *Ostroff, Fair and Company>>>Law & Legal |
How do I win an unemployment compensation appeal in PA? |
I was fired because of excessive absenteeism/tardiness- my employer did warn me being they had a "policy" and a point system for each "occurence." My last day there I showed up a few hours late, because of a personal situation with an ex-boyfriend who harrased me until 4am, causing me to oversleep 2 alarms I had set even though I tried to stay awake. I notified my manager as soon as I arrived. I had issues with a new boss hired, and she previously had written me up for ridiculous unfounded accusations such as yelling at staff, and being clearly "insubordinate." She had a personal problem with me, and I don't know how to integrate that. Or should I? Help! I loved my job and worked hard!! Your excuses are just that...excuses. You may win, but it's doubtful, from a legal standpoint. The "papered" you, and it was done in such a manner that has you locked into a losing situation. Time to find a new job, and get on with your life. And, get rid of the B/F, too. this is not legal advice. your better cause of action may be for breach of contract against the employer not for unemployment try contacting a free attorney. You were warned. They followed their policies. Regardless of the reason you were late, they were legally allowed to fire you for tardiness. Since you lost the job for that reason, you won't be able to get immediate unemployment, you will have to wait. Before looking for a new job, you need to determine what you can do that will prevent you from being absent/tardy from your next position. If you had improved at your last job, be sure to note that and see if there is someone who will be a good reference from you at your last position when seeking a new one. No one wants to work with people who are constantly absent or late -- it puts alot of stress and strain on the rest of the people who are doing the job too. where you given a policy manual but you never read it? did you ever sign off on a policy manual? it maybe hard to show that you had no knowledge of the companies policy on attendance esp if they have it in a policy manual, but does not sound good as toward working there again You will most likely lose this appeal. I've sat in quite a few of these hearings and if there were a chance I would tell you, but I'm not seeing one in your description. The employer has a clear-cut attendance policy of which you were informed. You were placed on a warning and given a chance to improve; you failed to do so. The court, rightly or wrongly, doesn't care about how many alarms you set or how late you were up arguing with your ex-boyfriend. You had an obligation to report to work on time and you failed to honor that obligation, therefore, the company was within its rights to terminate your employment. Sorry, I know that is not the answer you wanted to hear. Next time, take your job more seriously than you take the ex-BF, ok? |
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