Answer

Dear fritty,

 

First, I would have thought GA would have been athe appropriate place to file. According to PA UI:

 

If an individual worked only in a state other than Pennsylvania and all of the earnings were reported to the other state, the claim for benefits should be filed against that state.

 

I am wondering if this may not give you a basis for filing in GA.

 

 

With regard to the issues:

 

Based on yoru facts, I do believe the wrong decision was made under the law:

 

PA UI law,has it that:

Absenteeism/Tardiness: Prior to being discharged for absenteeism or tardiness, the claimant must have been warned about such conduct. In addition, there have been cases where one absence is sufficient to show willful misconduct. The reason for the last occurrence will be taken into consideration in determining if the claimant had a good reason for being tardy or absent. Absenteeism alone may justify a discharge, but without a showing of wanton and willful disregard of the employer's interests, benefits cannot be denied. Generally, if an individual has good cause for missing work, such as being ill or having an ill child, and reports off according to the employer's policy, that individual's conduct does not rise to the level of willful misconduct. However, there can be factors that may affect the eligibility determination, such as the employer's rule for calling off, the method which the individual used in calling off, the reason for the last incident, the nature of the work, past attendance record, and previous warnings for absenteeism or tardiness. http://www.dli.state.pa.us/landi/cwp/view.asp?a=357&q=236064#s4

 

 

Is there every any discussion, or policy book, that discusses the fact that

commuters are less reliable in coming to work than those the live 'in town' so to speak. I do think it would be reasonable for terminatino for cause for commuters not showing up, and the comapny should not have to boot paing customers from flights to accommodate the commuting needs of an out of state employee. However, I also think that given their apparent 'waiving' of punishment at the time, would tend to show that it was not such an egregious act of misconduct, and while they can of course fire you, it is troublesome that it would amount to a disqualifying event for UI purposes.

 

Also, do you have any administrative procedures left to avail yourself of or is filing a lawsuit the only step left? The problem with that is that it is difficult to navigate the court system for this, and you really would want a lawyer for that - but the expense of a lawyer would probably outweigh any benefits received.

 

It does seem inappropriate that you were denied, since apparently at the time of the 'transgression', you were absolved and put on another flight, so clearly the transgression was not so terrible. However, was there any other 'transgressions' between August and October that they could add to that? When it comes to lay offs, it is not unusual for the 'worst' to go, but that doesn't mean they would be otherwise fired for not being in the top 10%.

 

Also, they are saing you failed to follow a policy - did they what an employee should do if the airline itself can not fly a commuter to their flight? Or, was it clear policy that only commuters who can ensure they get there on time should expect to keep their jobs AND will be deemed unreasonable attendance supporting disqualifying - you should check yoru handbookf or this. I think the points policy makes clear that they take lack of good attendance seriously - I'm just wondering if they made the dangers of commuting evident to those that they hired as commutors.

 

I don't really think you lack jof GA residency is what i s hurting you, particularly when you filed in PA.

 

But, I'm wondering if you failed to present the best case on yoru own behalf:

 

The PA UI handbook can be found here, and states the following:

 

UC Referee Decision

 

You may appeal a UC Referee decision to the UC Board of Review. The UC Board of Review will issue a decision based on the record and evidence presented at the Referee's hearing. You may request to file a written statement in support of your case or to present an oral argument to the Board.

 

 

It clarifies the usual standard that the appeal from the ref's decision will not be an opportunity to being in new evidence (as that opportunity you had when at the ref. stage) but it would be a review of the records you arlready created. So if you did as much as you could at the hearing (ref) your case had as much strength as it would have from the earliest point. However, you can argue your case in writing to the Board, which in my opinion is very helpful because when we have time to put in writing paper, we can be sure that nothing is left out, that the record is clear, and no mouthy lawyer can intimidate us out of clarifying our point (or talk over us!). That writing may also be useful if you appeal to the court system.

 

You may appeal a UC Board of Review decision to the Commonwealth Court. Follow the appeal instructions that accompany the Board's decision. To be timely, the appeal must be filed within 30 calendar days of the mailing date shown on the Board of Review decision.

I know this stinks for you that it may mean having to go to court if you want justice. It may not be worth it. I wish you the best with it. For other considerations and options when terminated, here is another article.

 

Hope this helps to clarify.

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Expert:	Stephanie O. Joy, Esq.
Pos. Feedback:	100.0 %
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Answered:	3/1/2009

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