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Author Topic: does anyone think i would be eligible for unemployment?  (Read 8166 times)

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kristina_1005

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Im not familiar with the unemployment system and recently ive come to the fact that im gonna have to learn something about it. Im 3 months pregnant and i had a job were we had to earn time off. I had been getting so sick at times that i wasnt able to go in to work, but for each time i had a doctors note to prove were i was and what was wrong. unfortunatley they decided that that wasnt good enough and they let me go(fired). i was wandering if anyone would know that in the state of PA if i would be eligible for unemployment?

Offline UncaBuffalo

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Re: does anyone think i would be eligible for unemployment?
« Reply #1 on: Dec 31, 2008, 10:14 »
Definitely worth a try...they will probably deny the claim at first, but I'd say you can make a good enough case that they might (or might not) give it to you on appeal.
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Offline SloGlo

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Re: does anyone think i would be eligible for unemployment?
« Reply #2 on: Jan 01, 2009, 12:48 »
i wood definitely get in touch with pa unemployement.  your claim will be based on the length of time worked and money paid in high quarter.  it will not be based on why you were let go, as the reason you listed here is not a reason for termination and denial of benefits.
 
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Offline UncaBuffalo

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Re: does anyone think i would be eligible for unemployment?
« Reply #3 on: Jan 01, 2009, 02:24 »
i wood definitely get in touch with pa unemployement.  your claim will be based on the length of time worked and money paid in high quarter.  it will not be based on why you were let go, as the reason you listed here is not a reason for termination and denial of benefits.
 

Definitely, but have your expectations set for your former employer to give a different reason for your dismissal...and they will give a version of the events that justify their firing you.   And you are not eligible for a claim if the employment office buys their version...
« Last Edit: Jan 01, 2009, 02:30 by UncaBuffalo »
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Offline SloGlo

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Re: does anyone think i would be eligible for unemployment?
« Reply #4 on: Jan 02, 2009, 03:25 »
Definitely, but have your expectations set for your former employer to give a different reason for your dismissal...and they will give a version of the events that justify their firing you.   And you are not eligible for a claim if the employment office buys their version...
their are only three reasons for dissmissal from employment that disqualify from benefits.
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Offline UncaBuffalo

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Re: does anyone think i would be eligible for unemployment?
« Reply #5 on: Jan 02, 2009, 04:45 »


http://www.dli.state.pa.us/landi/cwp/view.asp?a=357&q=236064#at


"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
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The days that I keep my gratitude higher than my expectations, I have really good days. -Ray Wylie Hubbard

atomicarcheologist

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Re: does anyone think i would be eligible for unemployment?
« Reply #6 on: Jan 03, 2009, 01:56 »

http://www.dli.state.pa.us/landi/cwp/view.asp?a=357&q=236064#at


"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
"
This quote would appear to back up what SloGlo was talking about.  Generally speaking; and without Googling, copying and pasting, but using a distant memory of PA UC decisions, willful misconduct can be a determining factor against benefits.  However, there are criteria that need to be addressed which are under the phrase used by UncaBuffalo, "showing of wanton and willful disregard of the employer's interests".  When this phrase is evoked and benefits are denied, there is an explanation of how the employer was hurt.  This will generally fall into safety, property destruction, etc.  Absenteeism is not considered in this vein of employer harm.

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Re: does anyone think i would be eligible for unemployment?
« Reply #7 on: Jan 04, 2009, 10:57 »
This quote would appear to back up what SloGlo was talking about.  Generally speaking; and without Googling, copying and pasting, but using a distant memory of PA UC decisions, willful misconduct can be a determining factor against benefits.  However, there are criteria that need to be addressed which are under the phrase used by UncaBuffalo, "showing of wanton and willful disregard of the employer's interests".  When this phrase is evoked and benefits are denied, there is an explanation of how the employer was hurt.  This will generally fall into safety, property destruction, etc.  Absenteeism is not considered in this vein of employer harm.

I certainly wasn't arguing with SloGlo (learned that lesson a long time ago! ;) )...was just adding the section that I felt Kristina's claim will most like be challenged under.  I agree that Kristina should get unemployment.

BUT, different states (and different offices in each state) treat the unemployment process in varying ways.  Some take the claimant's side and facilitate getting the most money to the unemployed person; others seem to think the money is coming out of their own pocket and do everything they can to deny the claim.  I always feel it's best to go in with my eyes open and assume that any questionable (and the word 'fired' makes any claim questionable) portion of the claim will be challenged.  I have never claimed in PA, so SloGlo definitely has a better feel for how the unemployment insurance offices in his state treat claims.

http://www.dli.state.pa.us/landi/cwp/view.asp?a=357&q=236064#at

The link I gave has the following sections, with a paragraph (such as the one I quoted for abasenteeism) on each:

VOLUNTARY QUIT
Health Reasons
Transportation Problems
Spouse Following Spouse
Leaving Work Due to Personal Reasons
To Attend School
Due to Unsuitable Work
Job Not the Same as What was Anticipated
 
DISCHARGE
Section 402(e)
Absenteeism/Tardiness
Rule Violation
Attitude Toward Employer or Disruptive Influence
Damage to Equipment or Property
Unsatisfactory Work Performance
Drug and Alcohol Testing
 
MISCELLANEOUS ISSUES
Able and Available
Self-Employment During the Base Year
Self-Employment While Claiming Benefits
Self-Employment/Sideline Business
Corporate Officers
Refusal of Suitable Work
Incarcerated Employes
Strike
Social Security or Pensions
Predetermination of Claims
Understanding the Determination
Appeal Rights
« Last Edit: Jan 04, 2009, 07:43 by UncaBuffalo »
The days that I keep my gratitude higher than my expectations, I have really good days. -Ray Wylie Hubbard

 


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