Ui hearing (appeal)" employer alleged misconduct

[mokibra]

What is the name of your state (only U.S. law)? Hawaii.

I recently took vacation.

While on vacation I was terminated from my job.
The manner in which I took my vacation, those notified, etc. was exactly in the same manner and method I had employed for the last 5 years consecutively.
The reason cited in the letter of termination was "excessive vacation". The employer is now attempting to thwart my claim for unemployment insurance citing misconduct and stating that my vacation was "unapproved". The UI claims examiner has affirmed the employer's position. I have filed an appeal.

 

[cbg]

Thanks for letting us know.

 

[mokibra]

Thanks for letting us know.

LOL. Yeah a.bit devoid of detail. But enough detail. Guess.the.deal is that the employer. Is attempting to prevent me from receiving benefits. And hanging his hat on his view that the vacation was unapproved. I informed both the.President of the BOD as well as the mgmt exec. And proceeded on vacation. Events occurred that delayed my return. And I was fired over the phone while still away. Is that.better?

 

[TheGeekess]

LOL. Yeah a.bit devoid of detail. But enough detail. Guess.the.deal is that the employer. Is attempting to prevent me from receiving benefits. And hanging his hat on his view that the vacation was unapproved. I informed both the.President of the BOD as well as the mgmt exec. And proceeded on vacation. Events occurred that delayed my return. And I was fired over the phone while still away. Is that.better?

You still haven't asked a question. You're making statements. Did you have a question?

 

[commentator]

So your next step is an appeals hearing, right? What you do is go into this hearing and tell your side of the situation. Say that you have been working there for five years. say that during that five years, you have always applied for and been given permission to be on vacation this way.....(explain.) Say that you have never received any warning that you had been taking excessive vacation time, or that you were applying for it wrong, or that you were in danger of being terminated (if this is true.) Say that you did your job to the best of your ability. That you were following the policy you believed to be the correct procedure to apply for vacation. Say that you did not know that you had taken excessive vacations (if this is true.)

It sounds like "events occurred which delayed my return from vacation" may be the real issue. If you actually, regardless of personal reason, didn't return from vacation for an excessive period of time, unless you were medically incapacitated, in which case you should be able to provide a medical excuse, then they pretty much are going to win this. If you were thrown in jail in a foreign country, say, or your car broke down, that's a personal reason, and they can pretty much terminate you for that legitimately.

Keep filing for weeks of benefits, even though you have been denied. If you are approved after the hearing you will be back paid for these weeks if you have certified for them.

 

[drruthless]

LOL. Yeah a.bit devoid of detail. But enough detail. Guess.the.deal is that the employer. Is attempting to prevent me from receiving benefits. And hanging his hat on his view that the vacation was unapproved. I informed both the.President of the BOD as well as the mgmt exec. And proceeded on vacation. Events occurred that delayed my return. And I was fired over the phone while still away. Is that.better?

If you did not call your employer and tell them that your return to work would be delayed that could be seen as job abandonment. Did you call?