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Old 09-15-2019, 08:24 PM
 
2 posts, read 813 times
Reputation: 10

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Hello everyone,

I was let go from my former employer of five years on 8-2-19 for excessive tardiness. I filled for benefits just told them fired and didn't take the interview call. Got the determination letter saying I was ineligible for benefits, citing 602A misconduct.

Long story short all my previous write-ups for for actual absences the one that got me terminated was for tardiness. The 5 years I worked there i'd say 50% of the I was few minutes late technically but, everyone sits and chats in the office for the first 30 minutes of the day before we actually go out and start working. I also wasn't the only one to do so.

I was never written up in the 5 years I worked there then starting in April I got a written warning because I had the flu and missed two days. then in May I missed three because I was in a car accident (with my manager on lunch actually) and my car was totaled. during those two write ups they checked the box on tardiness but both were for absenteeism. Since that May incident I did not have a unexcused absence then, on 8-2-19 they terminated my employment for tardiness. I never met with HR until the the termination.



my question is should I hire a lawyer for the appeal process? or a lawyer from IDES? I spoke to a private attorney who told me it was essentially a crab shoot.
Looking for any help or pointers from, Chyvan and others about the best way to go about all this.
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Old 09-15-2019, 08:27 PM
 
2,068 posts, read 1,004,733 times
Reputation: 3641
Get a job somewhere else and improve your attendance.
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Old 09-15-2019, 10:02 PM
 
819 posts, read 575,141 times
Reputation: 145
Have you requested a hearing yet?

The determination dated XXX is wrong. I would like to request a hearing.

Once you get your hearing notice, request a copy of the file.

Once you review the file, and see what evidence has been submitted, you will be in a better position to know how to proceed.
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Old 09-15-2019, 10:59 PM
 
14,500 posts, read 31,154,156 times
Reputation: 2562
Quote:
Originally Posted by janja1 View Post
Once you review the file, and see what evidence has been submitted, you will be in a better position to know how to proceed.
I can't stress this enough.
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Old 09-15-2019, 11:45 PM
 
819 posts, read 575,141 times
Reputation: 145
Quote:
Originally Posted by Chyvan View Post
I can't stress this enough.
I know... and you stress that people should educate others.

My students are wanting me to provide them with a sample outline and speech for an Informative Speech. I think I will do one on Unemployment.
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Old 09-16-2019, 12:22 AM
 
14,500 posts, read 31,154,156 times
Reputation: 2562
Helping what, a class of 30 in one shot who know so little on the topic would hopefully change a couple lives for the better. Way to go.
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Old 09-16-2019, 12:36 AM
 
819 posts, read 575,141 times
Reputation: 145
Quote:
Originally Posted by Chyvan View Post
Helping what, a class of 30 in one shot who know so little on the topic would hopefully change a couple lives for the better. Way to go.
Times 4 classes.... I was just driving along thinking of what topic to use for the example and then you popped into my mind -- It must have been sign.
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Old 09-17-2019, 04:44 PM
 
2 posts, read 813 times
Reputation: 10
Thank you for the replies Janja1 and Chyvan. No I have not requested a hearing yet. Wondering if a attorney would be beneficial or necessary?
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Old 09-17-2019, 05:16 PM
 
14,500 posts, read 31,154,156 times
Reputation: 2562
You make the decision AFTER you make your hearing request, AFTER you get your hearing notice, and AFTER you view your evidence file.

If it looks easy, then don't waste your money on an attorney. If it looks complex, then flip a coin.
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