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

by Andrea

(Louisville, Kentucky)

My supervisor based her decision to fire me on the basis of my poor attendance record. Once my vacation was denied I asked to be advised of what consequence I would face if I decided to take the vacation against her denial. Unfortunately I believed I’d receive a written reprimand or be asked to take days without pay due to my excellent work history. The decision was that I’d be fired on the basis of insubordination. Knowing this I reported to work to collect my things on the date I was notified I would be terminated. I’ve applied for unemployment and advised it was denied for the above. Is there any reason why I should continue the appeal process?

Hi Andrea,

Based on what you’ve said .. no. The only pause you gave me was when you said “I asked to be advised of what consequence I would face if I decided to take the vacation against her denial. Unfortunately I believed I’d receive a written reprimand or be asked to take days without pay due to my excellent work history.”

Why did you believe that?

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it’s not fair

by: Andrea

I believed that because I’d not been written up once during my seven year employment which was over two years ago. I also had 139.50 hours of vacation and had more than improved my attendance record. My tardiness was solely based on my husband and I sharing a car, he works third shift and I’m first. Also, my previous supervisor went against the 7 min. grace period and had us use .15 min of personal time even if we were only 2 min. late. I even asked these dates be redetermined which would have made a significant difference but that wasn’t possible. Fortunately for me I would’ve been able to proof only some of those dates due to the fact that my husband had scheduled mandatory meetings that went over and I could have requested they take this into consideration. My decision to go against “her” policy which is left to her discretion, was based on a vacation taken by my son’s 5th grade class which I just wasn’t willing to miss for my child.

Was this a small company? I ask because many large companies may force you to take vacation or let them buy back vacation time when you accumulate too much ..

Was there a good reason for not allowing you the vacation since it was entirely at one person’s discretion?

I’m trying to find something that might be worth a try, but what you did is generally considered insubordination and the type that generally warrants immediate dismissal.

How far in advance did you request the vacation?