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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: 7 years ago.
Category: Legal
Expert:  Alexia Esq. replied 7 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.


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Sincerely,

 

Stephanie Joy

 

 

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