Employment Law Questions? Ask an Employment Lawyer.
Hello and welcome.
If you are asking whether your daughter has a chance of winning an appeal for unemployment benefits, then the answer is quite possibly "yes." What she would need to demonstrate is that it was not possible for her to call in any sooner and that she did the best she reasonably could to give her employer notice and comply with her employer's policy regarding absences. So, it's definitely not a losing battle. She just has to demonstrate that she could not have done more to warn her employer sooner that she was going to miss work.
If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....
Unfortunately, yes, misstating the reason for the separation of employment can itself be grounds for the denial of benefits. she would need to convince the appeal judge that this was a mistake. As for the true reason she was let go--missing work for reasons not relating to illness--it still comes down to whether she reasonably complied with her employer's attendance policy. Her leave request was initially denied, so it would be hard to argue that she originally thought she was missing work with the consent of her employer. She would need to argue that she reasonably interpreted her supervisor's instruction that she "call out" as a subsequent authorization for her to miss work. Whether or not this argument will succeed is tough to say but there is absolutely nothing to lose by appealing.
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There would be no legal claim against the supervisor, no. This is so because unless your daughter had an agreement guaranteeing her employment for a specified period of time she was an at will employee and as such her employer could terminate her for virtually any reason or even no reason at all. So, regardless of whether your daughter can demonstrate that she was mislead her employer was still acting within their rights to let her go.
Getting this witness to sign a sworn declaration or appear at the appeal hearing could be helpful, but there is still the question of whether your daughter should have reasonably interpreted the instruction that she "call out" as an AUTHORIZATION of her leave. Her employer will likely say "The leave was unauthorized because it was denied, but I instructed her to call out that way it was at least documented and so there would be no confusion as to whether she was coming in." So it really comes down to the appeals judge in terms of what they think your daughter should have reasonably interpreted this instruction to mean. I certainly think there is a a chance she could win the appeal, I am just explaining to you what the other argument is.
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Very best wishes.
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