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Do you know if Ican cocollect unemployment after the way they fired me and the way they waited almost a month to fire me??
Yes. As far as you are concerned, this is a discharge identical to that experienced by the other ten people and NOT related to the absence one month ago. Further, that absence occurred far enough away from the actual discharge, your employer will be hard-pressed to defend that as a reason.
As Chyvan says, say not a word about it. Your company is reducing staff. You were one of the casualties.
In my opinion the OP's employer was looking to reduce headcount and for whatever reason used the attendance policy to put him on the hit list, rather than just laying him off. It appears that his direct supervisor likes him, so that ruse may have been to avoid a problem with the supervisor. Someone can claim we didn't want to terminate him but the attendance policy tied their hands.
If the OP opens his claim online, which I suggest based on the current busy signal issues and wait times in PA, I would suggest selecting either "lack of work" or "downsizing" as the reason for separation from the drop down box options. If PA sends a questionnaire asking questions relating to a termination for absenteeism/tardiness, then he will know the employer didn't indicate lack of work or downsizing on their end. PA is not like some other states that make a major issue out of the claimant and employer telling different stories.
In PA, a termination for attendance issues as the OP described is generally not disqualifying, especially since PA looks at the circumstances surrounding the final incident, which in this case he incurred an "occurrence" due to leaving sick. The employer is free to design whatever attendance control policy they want, so long as it does not break any laws, and they can terminate at will using that policy, but the employer's policy has no bearing on PA's standards for awarding benefits. For attendance terminations, PA looks for proof of wanton and willful disregard, repeated documented warnings, violations of the call off policy, or persistent tardiness with progressive discipline in situations where benefits would be denied at the initial decision.
You can have someone denied benefits for a single no call, no show depending on the circumstances, including economic loss, creating a dangerous situation or putting people at risk. You can also have someone with 9 points out of 10 on the attendance policy for egregious violations and the last occurrence that gets them fired is due to their own or a family members illness, car broke down etc and end up being awarded benefits because the final incident had mitigating circumstances. There is a degree of subjectivity in assigning credibility to the claimant or employers story in the absence of documentation in a lot of these type of separations.
I have been working in a school district in pa for 27 years. i have missed many days because of marital break up and simple assault from my husband. I missed a lot with unpaid absences. With this information do i qualify for unemployment?
You work in PA school district, so unless you are in administration, your time and attendance policies are covered in your collective bargaining agreement. Within your contract it no doubt spells out a progressive disciplinary process for time and attendance issues, which in turn creates a paper trail from your verbal warning(s), written warning, and suspensions. Under normal circumstances, that documentation begins to show a pattern that a UC Examiner can use to determine willful misconduct based on the progressive discipline (you had been warned about the behavior and had a chance to correct it) and the disregard for the employers interests.
You appear to have some documentation of the situation with your spouse, which can be a mitigating factor. UC will look at the situation surrounding the final incident that actually led to your termination.
If I had to guess, a discharge case with your circumstances is going to be a denial at the initial level. You will likely end up in front of a UC Referee on appeal.
Last edited by DupontCoalKracker; 05-20-2017 at 12:47 PM..
Reason: Typo
I work 12 hr nights 84 hrs every 2 weeks they r mandating 4 ppl only from my crew I have no ride on the specific date they gave me(nobody else given specific days except me n other 3 ppl) I'ma end up getting points n getting fired for attendance cuz I'm unable to get here. Am I unable to collect ?
Example: If you've been working Monday to Friday, and everything's been great, and now the employer is making you work on Saturdays and Sundays and relieving you of working on Monday and Tuesday. That's a CHANGE. You tell the employer, "NO! I will not work Saturday and Sunday. The buses don't run on those days. I've worked Monday to Friday the entire time I've worked here. I refuse to work those substitute days."
In a case like that, you can stand a very good chance of getting UI.
However, if it's just a case of your car breaking down, that's your problem, and not a very good way to get UI.
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