If you are fired for having to many points due to asking for time off,

by Rachel
(Arlington, Washington, USA)

If you are fired for having to many points due to asking for time off.

If you get fired in Washington State for requesting time off and they give you the time off, but point you for it because you don't have any vacation time left and you get pointed out for this, will you be able to claim unemployment?




Hi Rachel,

Why don't you and I first try to find out what you reasons you would rebut the employer's claim that you are in fact guilty of work related misconduct.

I tend to get a little picky about the words chosen to ask me questions because when you go to relate what happened to the unemployment department the facts because .. they tend to do the same.

For instance, there is absolutely nothing to stop you from claiming unemployment benefits, but the entire point of what I am trying to do here is explain what the claimant must do to actually collect unemployment and that will always depend on the details of any individual story of what led to them being discharged.

So, why don't we begin by finding out why you had to take the "final day off" and how you received approval for the day off .. and then what do the employer's rules and policies say about attendance and progressively disciplining and whether you have been previously disciplined for attendance issues .. etc.

When fired the burden of proof is on the employer to prove that your actions amounted to misconduct .. so it makes sense to examine how they will probably try to do this.

You as the claimant of unemployment should look for the weakness in the employer's and exploit those weaknesses with a rebuttal case that "willful misconduct" did not occur in this instance.

You might also try using the search bar and typing in terms using the phrase "point system" .. because there are plenty of discussions about being fired when an employer uses an attendance point system.

The details of a discharge have to be examined to determine the best focus .. or approach to your rebuttal argument.