from job abandonment to misconduct

by jennifer

(NY)

to make a long story short. I was escorted out of my place of employment and badge/license was retrieved by human resources and security officer. I was told I was off schedule pending review (refusal to do job that I was not scheduled for). I did not hear back until I recieved term. letter citing “abandonment”. I recieved U.E. benefits for 5 weeks then they stopped. I asked for appeal, it was denied now they say “misconduct”. I had no warnings of misconduct, either verbal or written. I am now waiting the hearing this coming week with an ALJ. I have been doing some research and it appears that my employer has burden of proof. In my first appeal employer lies that I left my badge and walked off job and did not return, for that I now have proof in form of an e-mail between manager and H.R. in which they discussed what happened.
Is there any other advise you can give? I have a large issue being that the H.R. director who keeps appealing my benefits was NOT present, it was another H.R. rep so his testimony is heresay.

Your employer would have the burden of misconduct at an appeal hearing, but you said once your benefits were stopped (probably by a redetermination) that your request for a hearing had been denied, while later on you tell me the HR director who is not a first hand witness keep appealing your benefits.

Objection .. hearsay

Comments for from job abandonment to misconduct

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Terminated because I did not punch out for lunch

by: Anonymous

I was fired because on my lunch break I was sitting in my truck and my husband called me and said he fell and
o I have fmla so I went home to help my husband it to only five minutes cause my daughter arrived so on the way back too work a driver ran the stop sign and hit me I was knocked out and when I came too I was confused I speed dialed my daughter she called my job and my sister who work there she asked if I punch out told her no so my daughter brought me to my job too punch out while off the clock I went to the unit too take off mt

Was this the first time you didn’t punch out for lunch? Or another way to ask ..

Had you received prior warnings from the employer about non-compliance with their time record keeping rules and polices?

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Are You Talking About a Personal Leave of Absence, Or an Approved Medical Leave?

by: Chris – Unemployment-Tips.com

Were your personal issues, health related? Or did your boss give you an official approved personal LOA to deal with actual personal issues of a different sort?

More importantly, when the time came for you to return to work and you felt you couldn’t, how did you deal with that situation with regard to preserving your job?

Given your employer is stating he fired you for abandoning your job .. you may want to orient yourself to the burden of proof and a more realistic view an unemployment department may take of this situation.

It’s called a voluntary quit by job abadonment .. and that put’s the burden on you to prove your quit was attributable to the employer, or if in a state not requiring that fault, evidence that your choice not to return was for a compelling and necessitous reason .. which in the end, often translate to being the fault of an employer anyway.

Although some employers think they are actually firing an employee who comes back to work, or contacts the employer after the return to work date, the fact is, an unemployment department usually view the employee’s failure to make prior contact to extend the leave as a quit.

However, when, an employee does not return, and there is also evidence they at least attempted to communicate with the employer the reason and their person need to extend the return date of an official leave, that’s when it get’s easier for an unemployment department to consider the situation might of been a voluntary quit with good cause .. or also a scenario constructed by the employer to force a person into quitting their job.

On the other hand, I’m a promoter of the idea an employee should make efforts to at least try to show good cause when their reason for an extension of a leave is reasonable .. and preferably supported by some sort of proof they communicated their request for an extension and reasoning to an employer .. if they plan on applying for unemployment benefits.

Chris

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Job abandonment questions

by: Anonymous

My boss fired me saying that I abandon my job when he knew I have personal issues I had to take care of and even gave me as much time as I needed to take care of them when it came time to come back I wasn’t ready.

Can I still collect unemployment because I know he’s going to fight it.

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clarification…

by: Meacker

My first appeal ended in a denial. I then asked for a hearing with the appeals court.

I have had my hearing and received news 3 days later…I won my case!!! Very relieved that the judge saw through the lies and approved my benefits! I didn’t even have a lawyer and the employer did!

Congratulations!