Should we fight unemployment benefit denial? (Milwaukee, Madison: attorneys, unemployment benefits, salary)

[mostrenga]

My wife was terminated from her job for falsification of documents, she filled out her time slip ahead of time one day and turned it in, however her employer checked to see if she was at the job site and she finished early but forgot to change the time. she was off by an hour. She wasn't given a chance to change it to the correct time and wasn't wrote up or disciplined, just fired. When her supervisor talked to her she said "you know you're going to be wrote up for this" then 5 minutes later she was told she was fired after her supervisor talked to the human resource dept.
She was denied unemployment benefits, she is one of the most honest people you'd ever meet, she wouldn't intentionally try to skim some off the top. She was supposedly a valuable employee and was always told she did a good job.
I guess I just need opinions from people who have had experiences with wisconsin unemployment and or law.
thanks
Mark

[Cajunham]

Hire a lawyer, the internet is a pooor place to get legal advice, he'll fight it, reputation on the line.

[Von Rasch SP03]

Dealing with Wisc unemployment is like dealing with an army of poo flinging monkeys.
They fling poo at you and then run and hide. You may not get through to someone for weeks! I would go directly to the Unemplyment office in either Milwaukee or Madison and see what they can do.

[mkheller3]

Hello,

Mostrenga: What was the outcome of your wife's termination?

Cajunham: I believe that I was wrongfully terminated and would like to seek a lawyer. Do you have any advice as to how to find a good lawyer?

[Lucillle]

Originally Posted by mostrenga

My wife was terminated from her job for falsification of documents, she filled out her time slip ahead of time one day and turned it in, however her employer checked to see if she was at the job site and she finished early but forgot to change the time. she was off by an hour. She wasn't given a chance to change it to the correct time and wasn't wrote up or disciplined, just fired. When her supervisor talked to her she said "you know you're going to be wrote up for this" then 5 minutes later she was told she was fired after her supervisor talked to the human resource dept.
She was denied unemployment benefits, she is one of the most honest people you'd ever meet, she wouldn't intentionally try to skim some off the top. She was supposedly a valuable employee and was always told she did a good job.
I guess I just need opinions from people who have had experiences with wisconsin unemployment and or law.
thanks
Mark

Mark,

I believe one cannot draw unemployment if one has been fired for cause.
Here, there were two separate actions: your wife filled out her departure time ahead, which is impermissible in most placed BECAUSE one does not always leave at a particular time, that's why they have time sheets instead of just salary at certain jobs; and then, your wife did not leave when she said she did. She was fired for cause.

Employers take a serious view of time sheet falsification because it costs them big bucks and goes on intentionally all the time. I feel for you, because your wife sounds like she is not out to defraud, yet they got her fair and square.

That being said, what does she have to lose by appealling?

[gossi1]

You fail to mention the size of the place she worked at. If it's just a small, privately owned company, she can be fired at will, no reason even necessary. Alarger place would try to be mote professional and if there is a union involved, much harder to fire her without a warning or writeup. Like the above post states, they got her fair and square; what is a viable excuse for such a flagrant rule violation? There really isn't one.

[Moosemom]

I was recently denied unemployment benefits in Michigan and I would say fight. You really have nothing to lose. I know in Michigan the Unemployment Department provides free attorneys to help you fight your case. You can even appeal that decision up to a Civil Court. I did not win, but I also could tell that my employer's HR person was going to fight any decision up to the Supreme Court. She had a personal issue with me and I know a lot of what they told the Unemployment office was not valid or true. Good Luck

[gossi1]

Actually, you do have something to lose. In WI, if you appeal and lose you will be penalized by having the time until you get the first unemployment check extended by several weeks.
We had an employee that just walked out one evening, didn't close up or complete his duties. I called and left a message for him to call me back to explain himself, which he didn't do. Later, after having called again, I left the message that I consider his walking out with no communication a voluntary quit. The next the am he came to work like no problem. When I told him he no longer had a job, he got mouthy and told us he'll just get unemployment. When we got the paperwork from unemployment, we fought it and wound up going to a hearing about it that was overseen by an administrative judge. She told this individual prior to the start of the hearing that he needed to be informed that if his appeal went against him, he would not be able to draw unemployment for an extended period of time, in his case it was 16 WEEKS.
Of course, he lost that hearing and so our unemployment account did not pay out to him for that time period.
Unemployment is NOT an entitlement, it is a benefit that you need to QUALIFY for. If you get denied, there is a reason.

[Moosemom]

WOW ... I didn't realize that in Wisconsin you would be penalized ~ sorry about that. With my case I was denied three times for three different reasons: 1) I quit a job I could perform 2) I was not able to work full-time due to my work injury and the best one 3) I am an illegal alien .... mind you, my grandfather is 15% native american indian ! ! ! My employer's HR would have fought my unemployment to the Supreme Court. In Wisconsin, are attorneys provided at no cost to discuss a possible appeal of unemployment??? Attorneys are provided free here in Michigan for unemployment.

[crazybeyatch]

I just got denied for unemployment in Michigan. I have medical documentation from my doctor saying I am unable to work the duties needed for the job I held. I had to resign from my job with the Dept. Of Homeland Security that I had worked 32 hrs/wk for the last 6 YEARS. And just a few days ago I got my determination in the mail stating " You are ineligible because it is found that you were not able to perform suitable full-time work." What can I do?? Im a mother of 3 and am having a REAL hard time making ends meet right now.