by Bryan
(Ohio.)
I was reserve for 5 years then after a formal interview 2013 I was hired full time. I was never given a handbook. The employer states I signed the handbook acknowledgment in 2012, I do not recall doing so. I switched jobs within the company I was not even given a job description. My supervisor was aware my girlfriend and I was expecting, and that I had court dates. They were aware of this before the interview and I mentioned it during the interview. My supervisor signed off on the absences. I have excuses from the courts and the doctors for any absences. I was never told I needed to find my own replacement. I was not given a call list. I was not given orientation, where I could ask questions nor was any of the policies gone over. I was not disciplined or wrote up at this job.
Bryan,
Are you telling me your employer discharged you for violating the attendance policy?
If so, and according to what you have told me, it sounds like they might have trouble meeting their burden of proof.
However, that would be dependent upon the rules in that employee handbook they claim you have signed an acknowledgement of receiving.
All I have to say to you now, is if you really didn’t sign one it would be difficult for the employer to sustain you had ever been made aware your absences (for reasons you say can be proven as necessary) were putting your job in jeopardy.
When a party to an unemployment claim “says something”, it doesn’t mean to me they will be able to prove it at the unemployment appeal hearing.
But then getting benefits and denying benefits when proof is lacking on either side, comes down to a credibility issue for the hearing officer to decide.
Who do you think a hearing officer might side with when they have to decide who is telling the truth?
When at all possible, my personal position is you should be aware as an employee, to avoid the potential of he said/she said situations, or any combination thereof. Unfortunately, most people only learn this once they become a former employee.
And when all you can do is tell the truth, find someone experienced at UI appeal hearings to argue the law and convince the appeal hearing officer, your last hope .. for you.