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Can I appeal a denial of unemployment benefits for taking longer time during my work 10 minute break limit?

by Kelly
(Anaheim, CA, U.S.)

I was fired because I had taken longer breaks during work my hours. During the times that I exceeded my break limit I was having a great deal of back pain and stayed a little bit longer during my break. I unintentionally stayed longer because of the pain. I had previously given my employers a letter from the doctor stating of my condition. Can I used this documentation during an the hearing to appeal my denial of unemployment benefits? The reason why I dint tell my employer that I was taking longer breaks during work was because i didnt want to be sent back home early and lose work hours.



Hi Kelly,

You can appeal Kelly, but I'd like to point out that in the brief description you gave of what happened .. you contradicted yourself.

First you said, "I unintentionally stayed longer because of the pain."

Then you said, "The reason why I dint tell my employer that I was taking longer breaks during work was because i didn't want to be sent back home early and lose work hours."

It is these types of statements that cause claimants to lose unemployment hearings.

With those two statements you have not only discredited yourself, but you have admitted willful intention.

Taking to long of a break is "time fraud" or "time theft" and is considered to be misconduct if the employer can prove it and they do that through showing the state their policy and also by showing that you had been warned and should have known your job was in jeopardy.

Now, tell me, did the medical documentation have any restrictions or instructions that said you should be allowed to sit for x amount of time every so many hours of work. It is not unheard of for doctors orders to be used for such circumstances as yours.

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May 15, 2010
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Can I appeal a denial of unemployment benefits for taking longer time during my work 10 minute break limit?
by: Kelly

The answer to your question about medical documentation it didn't have any restrictions or instructions that I you should be allowed to sit for x amount of time every so many hours, but it did state the following: "was in the office on the date with severe upper and lower back pain for about two months". How do you think I could use this doctors note in my attempt to appeal the denial of unemployment benefits? Since using the statements on the previous posting will cause me to lose the unemployment hearing. Previous staments were: "I unintentionally stayed longer because of the pain" or "The reason why I dint tell my employer that I was taking longer breaks during work was because i didn't want to be sent back home early and lose work hours."



It's just an opinion, but I don't think it helps.

All you told me was that the employer was aware you had back pain. I'd rather hear about the progressive discipline policy and whether the employer had one and what the policy said about taking too long of a break.

Had you been warned previously to this occurrence that you could lose your job for this .. either through write-ups or through the employers policy.

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