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Fired for Tardiness had appeal...when will I get the decision?

I was given a verbal warning on 11/15/10. There was a progressive disciplinary ladder starting with a verbal ending at 10 and a suspension.


Since my employer had all ready given me a 5 day suspension for work performance what they did was wait for me to be late and combined my lateness with work performance so instead of getting a write up for lateness I was given a final warning all inclusive 09/15/2011 needless to say they fired me for lateness and skipped everything in between...I explained it to the administrative judge now I'm waiting to see what happens??? Do you think I have a good chance???




Response: Fired for Tardiness had appeal...when will I get the decision?



Hi,

You know, there's a reason other than checking for provisions that I wish people would tell me which state they had an appeal in. States, like people have certain generalized personality traits, usually defined in general terms such as claimant friendly or employer friendly.

But to answer your question about chances, all I can tell you is that I'm not a fan of mixing attendance issues with work performance issues because employers rules often include a very specific set of progressive disciplines for attendance issues separate from work performance issues.

My experience was that employers often lost hearings when they used one isolated instance of attendance to push home the work performance issue.

What happened often when the claimant was smart was that they would submit employer policies and argue the employer didn't follow their own rules.

Combining issues just muddies the actual reason for termination and the employee is supposed to be informed of what is putting their job in jeopardy so they can correct that issue.

However, having said this, I understand why employers may do this in some circumstances .. I just don't think it's a wise idea .. just in case the employee does put a real and valid argument together .. especially in one of those employer friendly states.

Chances? I'll go 50/50.

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