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Getting denied benefits due to excessive absences or tardiness

by Courtney
(Winona MN )

I was recently denied unemployment benefits in (Minnesota) for excessive abcenses and tardiness. Now I was absent 2 days in which I contacted my employer about and she didnt have a problem with it then. 2-3 weeks later I was 3 minutes late due to an accident on the route I took to work that morning. She didn't have a problem with that either. It wasnt until I mistakenly read the schedule wrong and was suppose to come in. I thought I had the day off. They contacted me and I explained that to them and that I also had a family matter going on as well. That i had tp file a police report of abuse on my child that my daycare provider was witnessed doing the day before. So if they needed me to come in I wpuld have to find another babysitter. Well...i couldnt. Not in such a short notice. So she messaged me and said I take it you quit and turn in your uniform and name tag. I said no i didn't quit. I cant find anyone to watch my child. And I told you I would try and work on it. Well she fired me. Note: I never have been given any verbal or written notice. So I filed for unemployment. She had til a certain date to respond and didnt by the date but they still accepted her response. And in the questionnaire they mailed me they had the date wrong on a day I was absent. Do I have a good cause to appeal this or am I wasting my time?


Answer About Excessive Attendance Problems



Excessive is a word that may sounds bad, but before I assume it means a bad case to appeal, I like to know how long the whole of the employment lasted.

So, assuming the best case scenario, I would appeal the initial claim determination denial, because circumstances surrounding absences, or late arrivals to work seem to be extenuating circumstances that a reasonable person (the reasonable person standard is a standard for judging facts and or testimony) might deem as making an incident of lateness, or absence from work as "beyond the individual's control .. thus eliminating the nasty motivations found in the definition of misconduct.

However, my thoughts about your appeal, don't mean I wouldn't also want to do everything I could to substantiate any circumstance .. especially the last and final incident causing the discharge .. as beyond your control.

In other words .. if the last incident was due to needing to file a police report, or doing that is what led to you needing to take a day to find new childcare, that could add weight to your testimony about the cause that caused the employer to terminate you .. along with the text messages.

However, my concern for you is found in your own words, because they aren't specific about nailing down the time frame you actually were talking about.

And I told you I would try and work on it.

Were you going to try and work on it .. or were you literally working on it .. as if your job depended on you finding new childcare right away?

Chris

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