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JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11396
Experience:  Government and private sector employment law experience
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was fired from my job for not pulling a load(Im a truck driver)

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was fired from my job for not pulling a load(I'm a truck driver) to NY on a day i had ask off a week earlier. may 14th i was fired. had a telephone interview on may 29th. was denided benefits because of misconduct. i appealed the decision. had a appeal hearing on june 26th at u.i. office in elkton. i showed up but employer did not. but DLLR paper had employer as the appellant and not me. waved my rights and and had hearing. called 2 weeks later to find out that my hearing was null and void because of the mistake of employer being the appellant on the paperwork. have a phone interview on july 22nd now and still dont know if I'm getting benefits. the reason I took off work was to have a will made up for me and my wife, i was at a lawyer office. i dont think this falls under misconduct, nor do I think that my appeal hearing should of been cancelled. do i have a case here to get a lawyer or not? william beal (WORKED IN STATE OF MARYLAND LIVE IN DELAWARE)


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Did the employer approve your leave request?

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Customer: replied 4 years ago.


Whether misconduct occurred depends on the details here. Taking approved leave is not considered misconduct. The outcome is different if the employer changes their mind and tells the employee they must go to work on the day requested off. An employer can rescind approval of leave and if that happens the employee must go to work. Refusal to go into work in that situation would be misconduct. There is no right to take off to visit an attorney unfortunately. Whether this was misconduct would depend on if the employer approved the leave. If the only communication from the employer was approval, then no misconduct occurred.

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