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I need advice on unemployment appeal! HR lied about a no call no show...?
My employer has a zero excuse 12 point attendance policy. I have a chronic health condition that I found out from my doctor should have been covered by FMLA the whole past year that I've been having issues, she brought up FMLA when I told her I was about to point out due to the condition. I didn't get covered until I was at 11 points.
February comes and the artic vortex hit our area. On the morning of February 18 I went out to start my car for work and my battery was dead, I'm sure due to the subzero temperature. I immediately called work and let them know that I was going to be late and the reason, I figured I would be able to get a ride or a jump pretty quick. I was wrong, by 6:54 I knew I wasn't going to be able to get there by 7:30 (it's a 30 minute drive on good days and the roads were still pretty bad) so I called and left another voicemail as well as text my HR manager letting her know what happened and I understood that was my final point. She texted me back and said that she was 'sorry things didn't work out' and she 'wished me the best'. I filed for unemployment and received a letter from the state saying I was denied for 602-misconduct. My employer said that I was a no call no show on February 19, the day AFTER I pointed out! I sent in my appeal already, any advice going forward would be great!
And I was with the company for 10 years and made $65,000 yr.
4 Answers
- Anonymous1 week ago
Ah, the unemployment troll having it's final fling before shut down
- n2mamaLv 71 week ago
Your length of service and salary are irrelevant. If you wanted to use FMLA, you needed to apply for and be approved for that before you had attendance issues. Being on your last point when you discovered that doesn’t help you and won’t help your appeal. You were fired for attendance issues, which you don’t deny you had, which means you were fired for cause. The nitty gritty details of a no call no show on the 19th versus you being late on the 18th (did you actually get into work, or did you not bother even going in after texting the HR manager?) are pretty irrelevant to the appeal status, as that detail isn’t going to overturn the denial. Good luck to you.
- Anonymous1 week ago
Your appeal issue is moot because you did point out and therefor are guilty of misconduct. I mean you weren't laid off, you were fired.
- A HunchLv 71 week ago
It's your responsibility to know what benefits you are eligible for.
The Federal labor law poster should be posted in a common space. This notice provides you the basic details of FMLA. If you wanted FMLA, it's your responsibility to apply for FMLA before you needed to utilize the benefit, unless it's a sudden illness/injury. Your employer is not responsible of making sure you apply for this.
You knew you had 11 points and could not miss another unexcused day until points fell off. It doesn't matter if it's the 18th or the 19th, you didn't show up on the 18th and that was the 12 point.
You come off as someone who doesn't think regulations should apply to you.
Advice: if you need a job start looking for a job.
Even if you receive unemployment, it will be pennies of the $65K that you are currently earning and you won't be eligible for any PUA additional monies.
