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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116707
Experience:  20+ Years of Employment Law Experience
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I applied for unemployment and was denied because I was

Customer Question

Hello, I applied for unemployment and was denied because I was terminated for violating the attendance policy.
JA: Have you documented this or discussed it with HR?
Customer: documented what ? that i was denied?
JA: Is the employment agreement "at will," union, full time or part time?
Customer: both part time and per diem
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 days ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 8 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us about the situation?
Customer: replied 8 days ago.
I was fired for attendance and tried to apply for unemployment. I was determined indefinitely ineligible for breaking a policy. Should i still appeal the decision and how should i do it?
Expert:  Law Educator, Esq. replied 8 days ago.
Thank you for your reply.
Under the state unemployment law, you are eligible to collect unemployment if you were terminated through no fault of your own. If they proved that you did violate their attendance policy, then legally you are ineligible for benefits, since the termination was through your own fault.
HOWEVER, as we tell clients who come to our offices, if there is any slight doubt or explanation, most unemployment hearing officers prefer to rule on the side of employees, BUT you would need to use a local unemployment attorney to file the appeal because they will have to make arguments to question the validity of the allegations. Unemployment attorneys do not charge up front fees, then generally charge based on the benefits they win for you.
So, in general it is still worth an appeal unless they have proof that you did violate the policy and you have no real legitimate argument against their claims, such a violation is termination through your own fault.
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