CAN I RECEIVE UNEMPLOYMENT IF I WAS TERMINATED FOR EXCESSIVE TARDIES?
by D SMITH
I WAS DENIED BENEFITS BECAUSE THE STATE OF ILLINOIS UNEMPLOYMENT OFFICE STATED THAT I WAS LIABLE FOR MISCONDUCT FOR VIOLATING A KNOWN OR REASONABLE POLICY.(EMPLOYERS ATTENDANCE POLICY)I WAS AWARE OF THE POLICY,BUT DID NOT INTENTIONALLY COME TO WORK LATE.I HAD RECENTLY BEEN WRITTEN UP FOR TARDIES AND WAS TOLD THAT ANOTHER COULD LEAD TO TERMINATION.OUR WORK SCHEDULE VARIED OFTEN AND WAS FREQUENTLY MISREAD FROM TIME TO TIME BY EMPLOYEES DUE TO THIS AND THE WAY THE SCHEDULE WAS SET UP.(FORMATTED)I CAME IN LATE AFTER I HAD BEEN WRITTEN UP DUE TO AN OVERSIGHT IN THE SCHEDULE.THERE WERE NUMEROUS CHANGES TO THE SCHEDULE MADE QUITE OFTEN CAUSING OVERSIGHTS BY EMPLOYEES.MY PREVIOUS TARDIES AVERAGED NO MORE THAN A MINUTE OR TWO LATE. ANYTHING LONGER THAN THAT I’VE ALWAYS CALLED IN.I WORKED FOR AN ARMORED CAR COMPANY WHICH WAS A VERY STRESSFUL JOB.MY FORMER PARTNER WAS EVEN SHOT A COUPLE YEARS BACK.I WOULD OVERSLEEP AT TIMES DUE TO THE STRESSES OF THE JOB,ALONG WITH FREQUENT CAR TROUBLE.I AM PRESENTLY FILING AN APPEAL. DO YOU THINK IT WILL BE REVERSED IN MY FAVOR?
Hi D Smith,
The only thing you said that even approaches a possibility and mind you, this is just my opinion based on the little you told me, is this.
“THERE WERE NUMEROUS CHANGES TO THE SCHEDULE MADE QUITE OFTEN CAUSING OVERSIGHTS BY EMPLOYEES”
And that’s questionable because you were aware it was a problem.
I guess the reference to oversleeping may also be something to explore, but you made no mention about making the employer aware of stress factors associated with the work, nor did you mention that the oversleeping was caused by a medically diagnosed sleep disorder which you told the employer about.
For your convenience .. and since you live in Illinois, here a link to the Illinois Unemployment Law Handbook. It’s a good resource for understanding how Illinois decides benefits.
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