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LADYLAWYER : So sorry to hear about this. I hope your daughter is doing better?
LADYLAWYER : Were you under any sort of employment contract with your employer? Have you already requested a copy of your employment records and been denied?
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I just received the letter today from TN Dept of Labor today denying unemployment benefits and I have 15 days to appeal. I don't know the best way to proceed from this point. I have not requested a copy of my employment records from my employer and I was not under contract with him. Should I ask for my employment records from my employer? I'm sure if my employer just provided TN Dept of Labor with attendance record it would automatically appear there was an attendance problem. But with my situation with hospitalized toddler, I was hoping they would reconsider. The dentist I worked for praised me for being such as good registered dental assistant, especially for my first job, and has advised me he will give me a high recommendation. I believe I was fired in large part due to the office manager at the dental office, which is neither here nor there. I just really need to know how to provide evidence to the Labor Board that this was a medical situation where my toddler was in ICU, I'm a single mom, I'm looking for work everyday, and I need this unemployment help until I can find another job.
LADYLAWYER : Thank you!
LADYLAWYER : I can tell you that 9 times out of 10, a person is denied benefits and then granted them on appeal.
That is good news.
LADYLAWYER : If you haven't asked for your employment records, you should do so, yes.
LADYLAWYER : they probably won't give them to you, but they are supposed to allow you to view them.
LADYLAWYER : In any case, just appeal, state what you have told me here, and then the burden will be on the employer to prove otherwise.
So I should call the dentist and ask if I can pick up a copy of my records?
LADYLAWYER : They are supposed to give you IE benefits unless you have done something outrageous, but again, they are now usually awarded until you appeal.
LADYLAWYER : Yes.
LADYLAWYER : When they say no, you can state that in your appeal.
The letter from the TN Dept of Labor said there will be a hearing. I cannot afford an attorney. I should just be prepared with what I have stated here. I don't even have copies of excuses as I turned them into the office manager.
LADYLAWYER : That is okay, your employer will be asked to provide a copy of your file. You just tell your version of events and let the DEPT know what you turned in and when. It's okay that you do not have an attorney.
LADYLAWYER : Most people don't and the hearing is set up so they do not have to.
Okay. Any other documentation you can advise that I bring to hearing? I believe the employee handbook stated something like days missed because of illness of family members were not excused. Would hospitalization of child be considered legally as an illness?
LADYLAWYER : Just remember that your employer MUST prove "misconduct" on your part. Right now, you are appealing in order to make the employer prove misconduct. Specifically, in order to prove disqualifying “misconduct,” the employer can show any of the following:Conscious disregard of the rights or interests of the employer (like those employees who start their own competing company on your time/using your equipment!);Deliberate violations or disregard of reasonable standards of behavior that the employer expects of its employees (“deliberate” will still require proof of notice of such standards);Carelessness or neglect of such a degree or recurrence as to show an intentional or substantial disregard of the employer’s interest or to manifest equal culpability, wrongful intent or shows an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to the employer;Deliberate disregard of a written attendance policy and the discharge is in compliance with such policy (the “deliberate” language here may still provide some wiggle room in the “my child was sick, my car broke down, etc., I couldn’t help it” situations);A knowing violation of a regulation of this state by an employee of an employer licensed by this state, which violation would cause the employer to be sanctioned or have the employer’s license revoked or suspended by this state; orA violation of an employer’s rule, unless the employee can demonstrate that he/she did not know, and could not reasonably know, of the rule’s requirements, or the rule is unlawful or not reasonably related to the job environment and performance.
LADYLAWYER : Misconduct has to be serious and generally, with absences, it has to be considered repeated and deliberate, with reckless disregard for the employer.
LADYLAWYER : Your doctors will have copies of the notes they gave you; see if you can get copies thought them.
LADYLAWYER : *through
Okay, thank you. I understand more about it now and it cannot be said I did anything with reckless disregard for my employer. It was just very unfortunate circumstances. Thank you for your advice.
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