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Old 05-01-2020, 08:24 AM
 
2 posts, read 1,583 times
Reputation: 10

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I worked for a casino for almost a year. Back in January they let me go because of my tardiness. The job was pretty far. I don’t drive which meant I was on public transportation but the company went by a point system so regardless of your reasoning for being late or calling off, they still pointed you. After so many points they terminate you. I understand that’s considered misconduct. Regardless of my personal reasons on why it was hard being on time. Long story short, after being fired in January I got another job in February that was closer to my home. I happen to live by the airport so I got lucky when they gave me a chance but due to the virus I only worked there for about a month before being laid off due to this pandemic so I didn’t work long enough to accumulate benefits meaning the benefits would have to come from my prior employer, which I was fired from. I applied for benefits. I ended up getting a letter stating how much I would receive and my certification date as well as my debit card. So I assumed all was good and that I would start seeing my payments soon but about a week after receiving those things I got a letter mentioning a adjudication and my payments being withheld because of the adjudication. I know that that usually means you have missing Information or that they need more information from your previous employer on why you were let go which leads me to believe that once they tell them I was let go because of tardiness, the decision would ultimately end in denial of benefits. Also, before I received the adjudication letter, I had certified a week prior and when asked was I able to work I took it as that meaning if I wanted to go back to my previous job could I do so? and considering I’m laid I said no but after looking into it if you say no they take it as you’re not physically capable of working which makes you ineligible. So misunderstanding that question could be why this is all happening as well.

Last edited by Riley__; 05-01-2020 at 08:33 AM..
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Old 05-01-2020, 09:44 AM
 
13,131 posts, read 20,963,123 times
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You have multiple things that could have cause this, so until you know exactly which it is, you'll just have to sit tight. No sense in chasing windmills!

Out of curiosity, why do you think your particular lateness circumstances adds up to misconduct in the eyes of your state's unemployment?
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Old 05-01-2020, 09:52 AM
 
2 posts, read 1,583 times
Reputation: 10
Quote:
Originally Posted by Rabrrita View Post
You have multiple things that could have cause this, so until you know exactly which it is, you'll just have to sit tight. No sense in chasing windmills!

Out of curiosity, why do you think your particular lateness circumstances adds up to misconduct in the eyes of your state's unemployment?
Well I’m not exactly sure that they consider it misconduct but I just assumed since it states “No fault of your own” and tardiness would mean the complete opposite of that which means that would be misconduct but I could be wrong.
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Old 05-01-2020, 10:48 AM
 
290 posts, read 183,428 times
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Your job has to improve it was willful misconduct for you to be denied unemployment benefits. So essentially, they have to show you purposely tried to lose your job and made no good attempt to keep it.
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Old 05-01-2020, 10:51 AM
 
Location: Oregon
957 posts, read 537,393 times
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Quote:
Originally Posted by Riley__ View Post
Well I’m not exactly sure that they consider it misconduct but I just assumed since it states “No fault of your own” and tardiness would mean the complete opposite of that which means that would be misconduct but I could be wrong.
Whatever the reason... and no matter what else you do... the ONE piece of advice I can give you that was given to me is:
IF Unemployment calls... do NOT offer any information, no conjecture, no supposition NOTHING about WHY you were let go. Just state you were fired and if they ask why, say, I dont recall.

This is the reason:
Unemployment is NOT your friend. You cant 'confide' in them. Their SOLE purpose in calling you, is to find a reason to DENY you benefits. So YOUR sole purpose is to give them NOTHING they can use against you.

Kacey
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Old 05-01-2020, 05:15 PM
 
13,131 posts, read 20,963,123 times
Reputation: 21405
Quote:
Originally Posted by Riley__ View Post
Well I’m not exactly sure that they consider it misconduct but I just assumed since it states “No fault of your own” and tardiness would mean the complete opposite of that which means that would be misconduct but I could be wrong.
Maybe you should spend some time researching the definition and standards your state used to determine misconduct.
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