Denied Unemployment for the state of AL - Misconduct


I just received notice that my unemployment has been denied for "misconduct" (section 25-4-78(3)a) I had been employed with the company for 2 1/2 years - all with outstanding reviews - I had not been written up, until recently for tardies. I did not have enough tardies so that my occurrences were high enough to qualify for a write up - but stated I had a pattern of of 2 to 3 min. tardies so they wrote me up.

I felt at the time that they were looking for a reason to "get rid" of they have a history of putting people on the "radar" and picking away at them until they are fired. I was worried, and a bit stressed about this.

I was working in a very high stress department, (Financial Aid - for a University) and had talked to human resources about the workload being hard to manage, they then interviewed everyone in the department, and decided to hire more people to lower the "case load" per employee. This was all good, but this also meant they started tracking your work assigned, completed, and error ratio. I did not work as fast as some, but my error ratio was very low. Knowing this was all being monitored had everyone on edge.

I was trying to get as many student's aid packages completed in time for the semester enrollment deadline. I had received a document for a student that had transposed the birthdate field with the sign date field. This was an University document - Not a federal government form - I made the correction to the dates and processed the aid package so the student would be able to enroll.
What I did, in no way was malicious or with evil intent, nor did it effect or change what the student was eligible in Financial Aid. I honestly did not consider it fraud. The next day I was brought into the office of the department director and asked about that form. I honestly admitted to making the correction to the form, they had no other questions. Well, not 15 minutes later I was escorted by security out the door - fired. I was not given a letter of termination.

I filed for unemployment - and was denied. I am going to appeal, and would like your opinion on if you think I can get benefits - and what strategy I should use.


I think you also requested a hearing rep to contact you as well about this .. has that happened yet?

I can tell you that if the reason for termination was because you changed the birth date on an unofficial form for student aid and had incurred no other similar type of repetitive mistakes you have the argument that the discharge was due to a one time good faith error made while performing the duties of your job to the best of your ability.

Misconduct is when you do something you should know better than to do.

I thought the same when i first read your brief account .. which I did forward to an unemployment hearing rep.

You should of also received an email from me which lets you know if you need to contact me about the hearing rep .. or you just want to talk .. to reply to it .. and I'll get back to you quickly.


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Jan 08, 2013
by: Anonymous

Thanks Chris. I have hired the rep you suggested and we have an appeal scheduled for Jan 11th 2013. I will let you know what the outcome is.

And I'll be here waiting to hear all about it!

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