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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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Ive been whole-heartedly been working for a veterinary practice

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I've been whole-heartedly been working for a veterinary practice for four and a half years. faithfull putting all my minds effort into helping this hosp run efficently. i've been down talked too about me being tardy of which i found completely unsubstantiated because Ive had several reviews during my time there and that was never brought up. i just had a review ~3mo ago and my review was great i got a 50cent raise and there was no mention of me having a problem with tardiness. I recently went through a medical evaulation b/c i was having problems with the passing of my grandmother. i've been previously diagnosed with Adult ADHD and PTSD and was on medication treating these for years and during that evaultion found that my medications were not appropriate and i had to stop them for a month to clear my system, well that happened 4/8/13 and thats when I (specifically under DR supervision)went off my meds i told my employer about it and that i may be experiance some form of withdraw. I was fired on 4/29/13. Previous to that I had a wonderful! time working with them and them with me. Everybody there including our clients would constistantly say "i wish i could bottle that cheerful energy you got and sell it." the final action was my fault i was 45 mins late to work on the 4/26/13 but definately not grounds to fire me than alone deny me the unemployment I am due. What do i do? My therapist is advising me to take some needed time away from working and they just cut me off of my medical coverage! Im gonna drown here! Not to mention, i have 46thousand in student loans i still need to pay and cant put a forbearance on them till aug. there's more than just this i used to have to come in on days off and holidays to take care of animals that were boarding and was maybe compensated once, maybe. i have worked long hours and not seen them reflected in my paycheck, but because we were such a "family" working there i figure i get compensated some how. my office manager lied about giving me a 3 day weekend a couple of time be cause of how i covered for somebody but never saw that. You can even as her who the most easy going person to ask if somebody need to be covered on a day. ME!!! WHY IM BEING TREATED LIKE I DON'T DESERVE UMEMPLOYMENT I PUT WAY TO MUCH OF MY TIME AND EFFORT AND MIND INTO HELPING THIS BUSINESS, AND I NEED IT MORE THAN EVER. im desperate and alone. help!

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


Ok. I'm not sure what other attorneys you have spoken to, but they did know enough about employment law to get one thing right here. "At will" employment is a type of employment that most of us in this country are under.


It legally means that the employer can terminate your employment at any time, with or without cause. They don't have to give warnings. The reason for the termination doesn't have to be of a particular level of seriousness. The termination can literally be for nothing. Here though, it was not without basis. You stated that you were 45 minutes late to work.


Despite your belief that this is "definitely not grounds to fire me" it actually is completely legitimate and legal grounds for termination. It is more than sufficient to justify termination, not because it is some terrible thing. I've been late before too. I'm not judging you in that at all. The point though is that, in an "at will" employment situation, they don't even need a reason. When you don't need a reason, something as insignificant as being 45 minutes late is absolutely legally sufficient to justify termination.


So, the termination is legal here. Where you can fight the issue is unemployment. While the employer's basis for termination doesn't have to be particularly significant, their basis for blocking unemployment does have to be significant. They have to show that you engaged in misconduct worthy of blocking your unemployment. So, in your appeal, you need to lay out that you have not had a problem with tardiness and that this is the first time you have been late to work . You accept that it was wrong to be late, but this is not something you have done regularly. You've not receive numerous warnings about it. Your history with the employer is good, except for this incident.


That is the argument that you have to make. Also, if anyone else there has been late, but was NOT terminated, you need to raise that issue as well. Then you can state that this is not a regularly enforced policy of the employer. That will also strengthen your unemployment claim.

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