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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
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Experience:  19 Years of Legal Practice Experience in this precise field.
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I was denied unemployment for No Call No Show . I told them

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I was denied unemployment for "No Call No Show".   I told them in the interview that I got up late due to my asthma keeping me awake most of the night.   I was to be at work at 9:00 am and did not get up until apprx. 11:00 am.   They did not call to see if I was coming into work and so I figured they got a replacement for me which they have done in the past for other employees.   This is the only time that I did not go into work or call off in the time I had work for this company.   They have nothing on file as written or verbal warnings against me. What can I do to get this denial reserved?
Submitted: 5 years ago.
Category: Legal
Expert:  Alexia Esq. replied 5 years ago.

Dear tired,

 

This (the set of facts above) is EXACTLY was you must argue at your hearing appealing this decision. Explain that you overslept due to illness (perhaps bring in confirmation of your illness and medications) and that, the general procedure when this happened, as observed by you when others were tardy, was that the employer filled the shift and since it was so late you didn't think you had to call in after the fact. It would very much help your case to bring in a co-worker to testify that this was how it worked or appeared to work. If, on prior call outs, you were told "you didn't need to call, we figured you weren't going to make it so we got a fill in", this would be helpful, because it would give you a reason for having thought you didn't have to call in this time (which may otherwise be hard to believe.) The reason you want to prove that you thought you were abiding by the rules at work, is so that your conduct can be deemed to be NOT misconduct warranting a UI disqualication - yes, grounds for termination (as pretty much anything can be) but NOT disqualification from UI.

 

Hope this helps to clarify.


I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks!

 

Sincerely,

 

Stephanie Joy

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advise and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.

 

 

 

 

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11777
Experience: 19 Years of Legal Practice Experience in this precise field.
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