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Good afternoon. I worked in Illinois for 3+ years. Left to take job closer to home in Indiana due to my father's health. Big regret! Place very Scandalous! I started on 3/11/16 & "DISCHARGED FOR MISCONDUCT" on 5/20/16. Filed for Illinois UI bc not enuf invested time in Indiana. Illinois denied my UIB. I am appealing but would like help on appeal letter please! When hired, the company was firing office mgr, and the girl that hired me was taking over and I would then take her job. Sketchy about the place already but closer to home!! Also upon being hired, they knew I was a single mom and my hours from 8:30-4:30 but daughter started school at 9:05. She said 'No problem'! within 3 weeks I was written up for tardiness ONLY. Made time up and stayed late here and there. I can't tell you the date of write up bc the copy I got WHEN fired, the date is whited out, the supervisor name, & her signature are also WHITED OUT!! Its also been ADDED to bc you can tell the different type of ink. 2nd write up dated 5/11 was tardiness, careless & personal. Carelesness: I did honestly make a mistake, ONE TIME AND IT DIDN'T HAPPEN AGAIN! I cried over it and apologized multiple times! (but while working there, I had to correct a dozen of her Title work mistakes -titles when you buy a car-- Personal: says I would get personal calls and leave office for 10 mins at least. I have phone bill to prove that's a HUGE LIE! But I NEVER READ the 2nd write up and signed it like an idiot! 3rd write up 5/19, was the day she fired me. That write up is for "carelessness & schedule" (which is a report in the car biz), that write up is NOT signed by either of us, nor does it have her name on it or the Business name. It also states 'spoken to about my hours. Had to clock out for lunch "weather" it's 5 mins or 30 mins' and that is the part that was ADDED to my 1st write up. Says I've never worked a 40 hour week in 8 weeks. I was never told I had to make up ANY HOURS, it's not busy enuf for a 40 hour week anyway! NOR IS THERE A HANDBOOK for that employer. What is recommended for my appeal letter???
Also, it's not about the date being wrong. Its about how the write ups are so bogus. What are the odds of winning this sickening 'discharge'??? I have 20+ yrs in the car biz, 9 years older than her and her 3 years of experience. I believe she thought I would take her job!
"Evidence shows claimant was discharged from...for violation of the attendance policies of the employer. Her attendance record indicates a progressive record of absences (which I never missed a day, just late bc my daughter started school at 9:05 & I started at 8:30...which was discussed at interview and was understood at that time) record of absences with a prior written warning on 5/13. After warning, she continued to be late for work and was discharged on 5/20 for failing to meet the dependability expectations of her position. Claimants conduct constituted misconduct under Section602A3" But as I said before, NO HANDBOOK, NO WARNING about termination and in my opinion, wasn't busy enough for 40 hour week or even 30 hour week. I was NEVER told to make up hours nor allowed O.T. I still have my texts on mornings I'd be late and her response was always "okay". I was just told by IDES that when I fax appeal, that's when I have to give my detailed reason for reconsideration of denied benefits. P.S. this site is GREAT! THANK YOU FOR YOUR TIME AND HELP!
After warning, she continued to be late for work and was discharged on 5/20 for failing to meet the dependability expectations of her position.
This sounds like tardies were an issue.
Quote:
Originally Posted by JSARKEY
I was just told by IDES that when I fax appeal, that's when I have to give my detailed reason for reconsideration of denied benefits.
This is wrong. The employer still has the burden. All you need to say is, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."
I don't like attendance/tardy cases. They're too black and white. The text might be taken as permission, but I always wonder if there's not some point when you should have just known better.
However, I'm willing to bet that your employer is busy, and won't come to your hearing, and you might be better served just hoping for a no-show and not submitting any evidence, stop admitting to being tardy, and truthfully say, "I never missed work."
Does the NOT having a handbook or them not warning me about being terminated help?? It's just sickening how hypocritical'she' was! I felt she thought I was gonna take her job. I witnessed a lot of lying. But what do you think about handbook and termination warning? I wasn't told I'd be terminated after any amount of write ups.
Does the NOT having a handbook or them not warning me about being terminated help??
It might, but I'm of the opinion that people know they are supposed to be on-time and come to work, and that you don't need a handbook to tell you that.
Totally agree!! But when the issue was discussed and aware of good possibilities during initial interview, I know the lie extremes she will go to so I'm looking at any and every angle. I worked at former job over 40 hours almost every week bc the work was there and I knew I had to work a 40 hour week..and yet still went in late due to same issues and my father's health, hence why I chose that job and with the understanding that I have these issues that arise....then they shouldn't have hired me knowing! I'm just very disgusted at how they run the business and the lies that lead me to being unemployed as a single mother! I'm just trying to dot my I's and cross my T's. Shame on me for accepting that job already going into the phone call for interview when she told me they were firing the office mgr and she take that job and then I take hers. I can't go back now but dang it I need this UI until I find a job!
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