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After 2 weeks of calling my UI rep after our interview and getting no response as to whether or not she received my faxed paperwork. I got through this morning and she told me put my determination notice in the mail two days ago. Even though my claim online says pending..I know this means that it was rejected.
I sent a letter requesting a hearing because I think I am still eligible for UI. I was fired for taking an unexpected sick-day after getting really sick on my way to work. I was on 6 month probation for lateness and hadnt been late in 2 months. My manager excused my absence and gave me a sick day but then fired me anyway because he said I didnt call out an hour before my shift, even though any thing sudden he said would be excused and excused absences arent supposed to count against my record.
I really need some advice as I am requesting a hearing and want to make sure I can try to get approved for UI from the judge. Would being fired for an approved excused sick day be foreseen just cause for misconduct and thus not eligible for UI...I think the claims rep who handled my case was confused from the start. Please any help would be appreciated.
Did you try to call in before the hour deadline? Perhaps the line was busy when you tried but didnt get ahold of your boss until the hour threshold was up.
Are you sure your boss knows what time you called in? Maybe it was over an hour.
I would appeal and advise the board you didnt think your were breaking any rules.
A friend who gives excellent advice on here gave me a piece that I will share with you .
When filing the appeal, state NOTHING. Even if it asks you why you are appealing. Do not explain why. Just say you 'disagree ' with the decision. Thats it.
Attendance may or may not be misconduct. You did the right thing appealing.
If you went to the doctor that day, it'll really help your case. However, even if you didn't go to the doctor, it'll just depend how many times and how many warnings you received regarding your attendance.
Thomas made some excellent points regarding just when you actually did call in can be disputed for the reasons given.
The tip to say nothing regarding the actual reasons for your appeal is also sound. Unless the employer has the employee that actually took your call at the hearing, there will be no firsthand testimony as to when the call actually came in. By not going into detail about the timing of the call in your request for appeal, you drastically reduce the probability that such firsthand testimony will be made available.
thanks Chyvan and thomasdavie, I really appreciate the advice. I will state I dont agree with the decision and disputing the time I called in is actually a valid point. Hopefully it will work out. Thanks again
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