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I applied for unemployment and was denied because I was

Customer Question
Hello, I applied for unemployment...
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: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
7/13/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,601
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
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Customer reply replied 4 months 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?
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months 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.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 119,601
119,601 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

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