Can I collect unemployment if I have been fired for willful misconduct

by Jennifer Pedigo
(Pennsylvania)

My employer fired me due to violating their so called call off policy and then in turn said i was fired for my attendance. When we were at the appeal case my employer could not provide documentation that supported their actual call off policy so I presented them with that document and my employer was questioned why she did not proceed with the written warning instead of after one verbal warning i was fired for my attendance. She stated at that time that i was an at will employee.

Thanks alot

Jennifer


Hi Jennifer,

Are you wanting an opinion one the outcome:)

I just love it when a claimant uses the employer's policy against them.

I really get a chuckle when an employer invokes "at will" employment like it's some kind of chant that's supposed to drive away the evil unemployment liability demons.

I cannot tell you how many times I had some snooty new hr person ranting and raving because a claimant appealed.

They'd say something along the lines of "my state is an at will employment state and we can fire them for anything we want".

I'd say, "all states are at will employment states to dome degree or another, but that has absolutely nothing to do with whether they can get unemployment". The unemployment department determines whether you had good cause to fire them .. or whether they had good cause to quit."

I would also tell them "all claimants may appeal a determination .. just like you!!"

Way to go Jennifer. Stop back when you get the referee decision!!