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Fired in Kentucky While Incarcerated For an Outstanding Warrant

by Unique Name
(Kentucky)

I live in Kentucky. I was in a car accident and was arrested for an outstanding warrant. At the scene of the accident I called my Employer and explained that I was in a Car Accident and that I wanted to use my Personal/Vacation Days. I spoke with a particular manager and told him twice I would not be in tomorrow (Friday) and I had a emergency situation and needed to use my Vacation time.


I had to serve 10 days in Jail. On Monday, I contacted a Family friend and had her call my job. She spoke with a man, told them I had been in car accident/family emergency and I would be unavailable for the rest of the week and unavailable to speak with them. She also told them I wanted to use anytime off Vacation/Family Emergency for the week. I had the same Family Friend make the same call on Wednesday, she spoke with a man but didn't get his name either time. Both times she let the person on the phone know I would contact them that following Monday and that I would be unavailable to speak with them directly.

When I got out of Jail early/Saturday I noticed I received a letter from my job saying I failed to meet the attendance agreement. I failed to notify my supervisor on Monday, Tuesday, and Wednesday so I was fired.

Long story short I was just denied my unemployment benefits. I'm going to file my appeal but I like to know my chances. I was arrested and jailed for 10 days yes. But I contacted my job from the scene myself and a family friend contacted them twice? Will I win on appeal. How long will it take me to find out? My denial says the "claimant actions show a willful disregard of the employer's interest. Therefore, the discharge was for misconduct in connection with the work." Can I change the denial if I bring my witness, the family friend and show I was in custody of the police dept.

FYI, I was given my Vacation day for that
Friday, it appears on my last pay stub. My boss says that no one ever received a call on my behalf. And my family friend never got a name. She didn't think she needed one since the man acknowledged he got the message and it would be delivered. I was with the Company for 4 years, recently never been written up for any attendance problems or anything in general. Oh, I have a very unique name. There is only one in the entire company and once you hear you could never confuse it with another. Not John, Bobby or Mike. Think in line towards Arabic sounding name.




Hi Unique,

Your name might be unique, but that's about it.

Here's the basics. When you are unable to attend work due to circumstances beyond your control .. such as being hospitalized with a grave injury or illness that prevents you from making the call to the employer (yes, I realize you have witnesses) it might be a good possibility to show that you lost your job through no fault of your own.

Getting to work is unquestionably, the responsibility of the employee. So we have to take a look at the cause for your long absence.

Hello .. you were jailed for an outstanding warrant (which by the way, we don't know what that was for .. could be an FTA).

Why would you think this circumstances could reasonably be seen as something beyond your control?

Why would you think that three call ins .. one from you, two from people your employer doesn't know, would be enough for the entire week .. considering you can't avoid the truth .. of why you were not there?

Just because friends or family told the employer you weren't able to make the call yourself and misled the employer calling your incarceration a "family emergency"?

I think your chances are very poor.

Clearly, proving "through no fault of your own" requires at minimum, an acceptance of the personal responsibility attributable to us as individuals in the employment relationship.

You're argument sounds like you're trying to sidestep yours.

Chris

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