So I was initially turned down on my unemployment claim in my fact finding interview. Which was mainly the judge asking me questions and i didn't get to state my case about how everything went down.

basically i was fired for being late 3 times (1 written, 2 that was mentioned in my discharge paper) within 3 months, but I wasn't the only one that violated the policy, a female co-worker of mine was habitually breaks the policy by being late for her shifts practically every shift (4-5 times a week, by 5 minutes)

I have other things about my boss treating me differently, sending me a message to me saying "He is pushing all the wrong buttons, just want to say get the fuck out ur fired"

I just want help on what i can put in my appeal and what I can't...also if I have witnesses to the other co-workers being late can I use that?

I need as much help as i can get

I tried telling an officer that other people were speeding too one time and he STILL gave me a ticket!

Probably shouldn't have pushed all the wrong buttons.

Best thing for you to do is X this thread now so you don't have to read 3-5 pages of getting flamed.

Ya, it sucks that you got canned for something so trivial as being a few minutes late several times, but it is what it is and it's within the rules.

Using the "but somebody else was worse than me" defense wouldn't help much in a wrongful termination lawsuit, and it's definately not gonna be relevant in an unemployment hearing.

If you got fired legally, you're not getting any unemp bennies no matter how lame or how unfair it was. Better just hit the bricks lookin for a new gig.

I've posted this before, but my wife went through this about 1 1/2 ago. Lost the initial but won both appeals. Every state is different, but the rules in our state were very specific about what could be brought up and what couldn't. I "acted" as the lawyer for our side and the referee was quick to jump on me as soon as I started to get off track. Things I thought were relevant to our to our case, he wouldn't allow. One of the things was how people were treated differently. Didn't matter and wasn't allowed. He was only interested in the specific event that led to the termination and any documented history that showed a pattern of insubordination. They had none and the referee chalked it up to my wife having a bad day which was upheld during the second appeal hearing.

With them having documentation about your pattern of tardiness, I think you're pretty much fucked, but you might get a compassionate ref and it doesn't cost you anything so you might as well try.

Good Luck

 

Originally Posted by runninbad

I think you're pretty much fucked, but it doesn't cost you anything so you might as well try.

Good Luck

Or he could just man up like the rest of the world and go find another job. Unemployment is for people who get laid off or downsized and can't find work. It's not for every chump who gets fired or quits and feels like collecting a free check for a while before having to lift a finger again.

fyi the chump comment wasn't @ you OP. Don't know you or your situation. Just gets under my skin... All the people who feel entitled to a handout when either A.) it was their fault or B.) they prioritize collecting free gubment cheese over going and and finding a new job.

 

Originally Posted by MeJahAndOmaha

Or he could just man up like the rest of the world and go find another job. Unemployment is for people who get laid off or downsized and can't find work. It's not for every chump who gets fired or quits and feels like collecting a free check for a while before having to lift a finger again.

I agree, but if he feels he was unjustly terminated, then he is entitled. Also, there are rules you must abide by while collecting your "free check", which for the most part won't even cover basic living expenses and which you are taxed on. And while most people think that the unemployed are sucking off the government teet, that's not the case, at least here in NV. The employer pays the unemployment benefits not the government. Although, while my wife was on unemployment, the feds did kick in $25 a week. Thanks Obama! So she went from making $60k a year to earning $385 a week pre tax and with the unemployment rate in NV at 13% she was lucky to find a job within 4 months especially in the hardest hit industry in the state.

A couple of quick suggestions because I am usually on other side of table.

Is there a code of conduct or employee handbook? Did you ever sign anything that said you have read and/or received handbook or code of conduct? Did company follow its own written disciplinary policy? Do not mention other employees. Stick to just the facts and actually keep answers short and to the point.

The system is tilted towards awarding benefits. I have had ex employees who signed statements admitting theft receive benefits because our policy does not specifically say "Thou shall not steal."

Ask for hearing in person as many times employers will not show.

Best way to get benefits is to show company did not document their case properly and/or follow their own policies.

Was the only written documentation when you were terminated and they just mentioned in the
termination papers that you had been late prior? Were you fairly warned in writing that your conduct could and would result in termination of your employment?

 

And while most people think that the unemployed are sucking off the government teet, that's not the case, at least here in NV.

True for basic unemployment, probably not so true when the feds extend benefits by 12 months or more.

Pretty much covered man, BB and GG. Think of it this way, you really don't want to work for a company that fires people for being a few minutes late, fuck that.

why wouldn't he get unemployment? how does one get fired not "for cause"?? that's called getting laid off, no?

I thought "cause" was like stealing or sexual harassment or some shit

and a judge questioned you? this makes no sense to me