Unemployment appeals

[Lizchaffin]

I was terminated from my job for missing 2 and a half days in a 12mth period. The day I left early was to be with my dying grandfather. I left on a Friday night and ended up being the worst weekend in my life, I lost my uncle Saturday morning and then my grandfather Sunday night. On that Monday I was told my work was discussing my situation, ending up in termination. My unemployment was allowed with me turning in any and all funeral papers. A month later my employer filed an appeal, It was affirmed and I was allowed benefits because it stated the employer didn't show proof of my attendance as to why I was terminated. So now they are appealing my claim again, for what they are saying Discharge??? Something about "just cause". What are my chances of winning this appeal???

 

[Chyvan]

What are my chances of winning this appeal???

Very good.

 

[adjusterjack]

What are my chances of winning this appeal???

I don't know.

You ignored the question about your state.

If you ignore important stuff during the appeal, maybe not so good.

 

[quincy]

This thread was created for Lizchaffin from a post she tacked onto an old thread.

Whether the state from the archived thread was the same as Lizchaffn's was not clear so, if Lizchaffin decides to return to the forum, she will need to include not only the state name but additional information.

Based on what has been provided here, there is no way to determine what the chances are of winning an appeal.

 

[commentator]

You're probably in an at-will state. So your firing was legal. Hard to tell, we do not know the state. It is hard to tell whether or not you are in the second appeal, coming up, whether all that you describe was a result of your initial decision, or whether there have already been two decisions made on your claim. It is also hard to tell, unfamiliar as we are with your previous attendance record, whether or not you had been warned about attendance issues, whether or not the company had any kind of policy concerning bereavement leave, whether your "funeral papers" provided them with required documentation for an excused absence....all sorts of things.

If you were approved in the initial decision, that generally means the whole issue looked pretty good for you at the beginning of the process. After the initial decision to grant or deny benefits, the employer ALWAYS has the right to appeal any unemployment decision in which money from their account is being used to pay unemployment benefits. As to whether or not the initial decision to grant benefits and/or the decision after the second hearing will be upheld, your guess is as good as ours. Know one thing. Unemployment insurance is not based on need, and you do not get an approval based upon a sympathy vote. You may have had a real tragedy in your life, but unlike a jury, which might be swayed by your situation, the unemployment system is based entirely on how the unemployment laws are read in regard to your particular situation.