by D. SMITH
(ILLINOIS)
I WAS TERMINATED FOR EXCESSIVE TARDIES AND ABSENCES.ON THE DAY WHICH LED TO MY TERMINATION I CAME IN AN HOUR LATE DUE TO AN OVERSIGHT OF SCHEDULE. MY WORK START TIMES AND ENDING TIMES WERE NOT LOCATED ALL ON ONE SCHEDULE, WHICH MADE IT VERY EASY TO MAKE AN ERROR READING SCHEDULE.THIS HAS BEEN DONE BY JUST ABOUT EVERY EMPLOYEE AT ONE TIME OR ANOTHER AT THIS PARTICULAR JOB.IN MY 5YRS.OF EMPLOYMENT THERE I ALWAYS NOTIFIED EMPLOYER OF ANY LATENESS OR ABSENCE.
I WOULD ALSO LIKE TO ADD THAT MY DAYS AND HOURS VARIED EVERY WEEK, WHICH INCLUDED CONSTANT SCHEDULE CHANGES AND TIMES.
CAN THIS STILL BE CONSIDERED MISCONDUCT.I CALL IT HUMAN ERROR!!! WILL AN APPEALS JUDGE SEE IT MY WAY?
I ALSO HAVE A COUPLE WITNESS WHO WILL CONTEST THATS ITS HAPPENED TO THEM BEFORE.
Hi D. Smith,
Very doubtful that it will be seen as human error .. not if you were fired for EXCESSIVE tardies AND ABSENCES.
But who am I to argue that you shouldn’t try. I don’t know how well your employer would handle what they need to prove.
I suggest you find and explore the Illinois Unemployment Law Handbook. Specifically the “Digest of adjudication precedents”.
The big holes in your case, as you have stated it here are glaring. The following is not to say that you may not have something valid to fight with .. only that you did not present it here.
First let’s take a look at your question, which is the title of this page.
“CAN I STILL RECEIVE BENEFITS IF I AM TERMINATED FOR EXCESSIVE TARDIES AND ABSENCES IF I ALWAYS CALLED AND NOTIFIED MY EMPLOYER?
Apparently you were aware you should have been at work .. because you called to notify the employer.
I WOULD ALSO LIKE TO ADD THAT MY DAYS AND HOURS VARIED EVERY WEEK, WHICH INCLUDED CONSTANT SCHEDULE CHANGES AND TIMES.
I’m certain that anyone working in retail, the food industry, or any other business with hours of operation beyond the usual 8 – 5 realize that even if a schedule is confusing there is something they can do to make it less confusing and probably do so. And I refer you back to my first point .. you notified the employer.
CAN THIS STILL BE CONSIDERED MISCONDUCT. I CALL IT HUMAN ERROR!!! WILL AN APPEALS JUDGE SEE IT MY WAY?
It is accepted as reasonable in any state, that if you accept a job, getting to work on time, everyday is a “duty reasonably owed to the employer”. That duty to get to work only comes into question when the reason we don’t get to work is due to something “beyond our control”. Things like illness, either us or our kids. Family emergencies. I refer you back to my first point .. you always notified the employer.
I ALSO HAVE A COUPLE WITNESS WHO WILL CONTEST THATS ITS HAPPENED TO THEM BEFORE.
What exactly will they testify to? That they misread the schedule ….. or
That they have misread the schedule and been late and or absence more than you have.
They didn’t get fired for it.
Therefore, the employer chose to fire you for a policy that is not uniformly enforced and they can prove it for you.
If you need to appeal to a hearing, you better narrow your focus to at least a viable strategy based on the strongest argument you can find in the LAW that actually might allow for the possibility for benefits to be received. Otherwise, D. Smith .. you’re screwed.
Chris