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CAN I RECEIVE UNEMPLOYMENT IF I WAS TERMINATED FOR EXCESSIVE TARDIES?

by D SMITH
(CHICAGO)

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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Oct 17, 2009
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SIMPLY A MISTAKE.........
by: D. Smith

I AM NOT TRYING TO MAKE EXCUSES.... THE DAY WHICH LED TO MY TERMINATION WAS BECAUSE OF AN OVERSIGHT OF SCHEDULE. I HAVE ALWAYS CALLED IN IF WHENEVER I WAS LATE OR ABSENT FOR THAT MATTER.THERE IS NO WAY I WOULD'VE CALLED IN ON THE DAY I WAS TERMINATED BECAUSE I MIXED THE DAYS AND START TIMES OF MY SCHEDULE. IT WAS SIMPLY A MISTAKE.(HUMAN ERROR)
ALSO,I COULD NOT LOCATE EXACTLY IN ILLINOIS HANDBOOK REFERENCES TO MY CASE....?????


If, as you say, it was a one time incident due to an oversight .. what's the problem?

I'll tell you .. you were discharged for excessive tardiness. You'd been warned, right?

Of course there are questions that need to be asked if the employer followed a procedure for warning you .. and adhering to their attendance policy.

But so far .. I haven't read one thing that makes me think you have a good chance at reversing the denial.

If you are reading that guide with the intent of finding a decision which matches your circumstances .. you're missing the point.

The decisions on attendance enable you to see how the state decides issues.

Your problem is that .. according to the reason you said you were terminated for .. excessive tardiness .. implies that it wasn't just one mistake .. it was a repeated mistake.

Oct 17, 2009
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Illinois definition for misconduct
by: Chris

The Act defines ?misconduct? as the ?deliberate and willful violation of a reasonable rule or policy of the employing unit,
governing the individual?s behavior in performance of his work, provided such violation has harmed the employing unit or other
employees or has been repeated by the individual despite a warning or other explicit instruction from the employing unit.?


D. Smith, it should be clear from this definition .. which by the way I copied and pasted from that resource I referred you to that repeating a violation of an employers reasonable rule although doing so did not cause harm .. is misconduct also.

You were terminated for EXCESSIVE tardies. Getting ourselves to work on time is something an employer has a right to expect. When something out of the ordinary causes the tardy .. we are expected to follow the employer's procedure for notifying them we will be late or absent.

In others words D. we have a responsibility .. which we must meet. I'm am not going to ask you delving questions to find a valid reason for you .. if any exist in your situation.

If you want me to do that you'd have to pay me. Otherwise, you explore the resource I provided for you to figure it out on your own.

You can even find decisions in that resource regarding transportation.

May I make a suggestion? Quit offering excuses and find the information to back up the excuses which prove the employer did not have good cause to termination your employment.

Oct 17, 2009
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"DELIBERATE AND WILLFUL"
by: D. Smith

I WAS UNDER THE IMPRESSION THAT AN EMPLOYER WOULD HAVE TO PROVE THAT AN EMPLOYEE VIOLATED A POLICY "DELIBERATE AND WILLFULLY".AND AS FAR AS SCHEDULE GOES I WAS SCHEDULED TO COME IN AT A TIME THAT I NORMALLY DONT START AT. I GOT MY DAYS CROSSED UP.(IT WAS A MERE OVERSIGHT OF SCHEDULE) JUST A WEEK PRIOR TO THIS INCIDENT I CAME IN AN HOUR EARLY TO WORK BY MISTAKE. OPERATIONS MGR. SIGNED ME IN AND ALLOWED ME TO START SINCE I WAS ALREADY THERE.
AS FAR AS THE OVERSLEEPING DUE TO STRESSES OF JOB OUR MGMT. ALWAYS DOWNPLAYS MOST CONCERNS OF JOB. WHENEVER A SECURITY ISSUE IS BRUNG UP THEY'RE REPLY IS USUALLY "YOU'LL BE ALRIGHT".THE FIRST THING YOU LEARN AT THE JOB WHEN YOU FIRST START IS THAT IF YOUR PARTNER IS EVER HELD AT GUNPOINT DRIVE OFF! WE COULD NEVER CHANGE UP THE ROUTE(TO THROW THE BAD GUYS OFF)DUE TO PRODUCTIVITY.OR CONCERNS WERE CONSTANTLY BLOWN OFF.
ALSO IS CAR TROUBLE ANY DEFENSE?

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