Can I collect unemployment if I have been fired for being late to work twice (both times under five minutes of start time)?

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Can I collect unemployment if I have been fired for being late to work twice (both times under five minutes of start time)?

by Kris
(Ohio)

I recently changed departments at my job. (I worked there a year before I changed departments) I was told that in the first 60 days of my new start date in the department that any absence or tardies were subject to termination. I called off one day due to severe illness and was late another day by literally two minutes. They have since told me that if I am absent or tardy again (even by a minute) to work or returning from a break I will be fired. Is there any chance I can qualify for unemployment if this happens?

The bank that I work for was also recently bought out and it is still in question whether we will even have jobs in the next few months. I feel that this crack down is their way of muscling people out. If I'm fired I will lose my vacation days I have earned. The only way I can get those is if I quit. If I did quit would I qualify for unemployment?

Hi Kris,

What't the policy? Three occurrences?

If you quit in anticipation of a discharge you will not get unemployment?

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Can I collect unemployment if I have been fired for being late to work twice (both times under five minutes of start time)?

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Jun 18, 2009

???
by: Kris

Yes the occurrences and I will be fired. Do you think I would still be able to qualify for unemployment?

Or if I quit in anticipation of being fired, do you think I could still qualify for unemployment?

Hi Kris,

Then I wouldn't be late or absent again for a non-compelling reason. Not even two minutes late.

Quitting in "anticipation of a discharge makes you the moving party and is not a quit with good cause.

Quitting in anticipation is different than quitting in lieu of discharge.

Quitting in lieu of discharge means the employer told you that you had a choice "We're going to fire you, but if you'd rather .. will let you tender your resignation letter.

Quitting under these circumstances is a "constructive quit" which means you had no chance to preserve the employment because the employer had made up their mind to end the employment. The unemployment department considers this a discharge and will then determine whether they had "good cause" to end the employment.

Mar 18, 2010

Fired After All
by: Anonymous

I was also let go because of being late to work after being told about it. In a span of a couple of weeks I was late coming back to work one day because the stop light was stuck and the sencond time I walked in on time but saw there was a line of patience three deep waiting to be waited on. I stopped checked in patience and then punched in, I was six minutes late that day. I was told by the office manager that I wasen't a good fit, didn't smile enough, and oh ya you were late two days after lunch. The week before I was told what a good job I was doing and keep it up.

Hi,

The only thing that the employer mentioned that might be misconduct .. is being late and that depends on what the employer's attendance policy was and if they warned you prior to firing you .. otherwise .. I'd say you should be able to collect unemployment ..

But even if you are fired .. don't rest on your laurels and just leave it up to the state to find correctly .. if you have the attendance policy and you know the employer never warned you .. focus on it during your phone interview.

Find the reason you should be allowed benefits and stick to it .. don't go off track.

Feb 18, 2011

Does this apply in Oregon?
by: Anonymous

Quitting in lieu of discharge means the employer told you that you had a choice "We're going to fire you, but if you'd rather .. will let you tender your resignation letter.

Quitting under these circumstances is a "constructive quit" which means you had no chance to preserve the employment because the employer had made up their mind to end the employment. The unemployment department considers this a discharge and will then determine whether they had "good cause" to end the employment.

Yup .. as long as you write the resignation letter to reflect the reason you are tendering your resignation letter!!

It's difficult to prove that a letter thanking an employer for all the opportunities they gave you .. was a quit in lieu of discharge.

But a discharge means the employer has the burden of proof to prove "misconduct", even if they allowed you to quit instead of being fired.

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