Unemployment Appeal Hearing -PA- Do I have a chance?

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Latest post 06-25-2011 8:17 AM by Drew. 4 replies.
  • 06-23-2011 11:07 PM

    Unemployment Appeal Hearing -PA- Do I have a chance?

    Hello. I'll try to keep this as short as possible. I was working for a major manufacturer through a staffing agency for around 10 months. I worked Monday through Thursday, 10 hour days, with Fridays off. No sick days, period...you get three unpaid weeks of vacation a year, and have to take it at least 1 a week at a time.

      First, let me say that the employer, and the temp agency, have a "3 strikes in a year" policy for temps. This includes absences, tardies, car breakdowns, forgetting to call and get your hours on Friday by 3:00 p.m. for the following week, and any other violation. I got my 1st strike this year during Winter when the power went out and I got to work an hour late, the 2nd strike happened about a month later when my vehicle broke down on the way to work and I didn't make it in that day, and my 3rd strike was when I got scheduled to work overtime on a Friday, and got so busy at work that I totally forgot to call the automated hotline to get my hours for the following week. I realized on Saturday morning that I had forgotten to call, so I called and tried to get my hours. The recording had me enter my badge number, and then told me I didn't have any hours because I failed to call by Friday, 3:00 p.m. The company, and the temp agency have a policy that if you don't get hours, you don't go to the work-site the next week, period.

    So on the following Monday morning, I called the staffing agency and asked if I still had a job because I forgot to call and get my hours in time, and I knew I already had the 2 other strikes, and they informed me that the company had contacted them and told them to terminate my position. I was never given a reason and assumed that it was for failing to call and get my hours. When I recieved my paperwork for my appeal hearing, the staffing agency is saying I failed to show up at my job assignment (voluntary quit) the following Monday morning. My question is this: If you're not permitted to show up without hours, and I HAD no hours, HOW did I fail to show up for my assignment? My unemployment was denied and I filed an appeal.

    This has been a very hard 3 months fighting for my unemployment & waiting on the appeal hearing to get here at the end of this month. It's hard to get another job when the one you had is saying you quit. I've never quit a job. I drove 40 miles each way through all kinds of treacherous weather for 10 months to get to my job every day, and did an outstanding job while there. Does anyone understand what my situation is, and can possibly offer a little insight into what I might or might not expect to happen at this hearing? Thanks in advance for your help.

  • 06-24-2011 12:02 AM In reply to

    • LG81
      Consumer
    • Top 25 Contributor
    • Joined on 01-03-2010
    • Posts 4,338

    Re: Unemployment Appeal Hearing -PA- Do I have a chance?

    The first thing to keep in mind is that the staffing agency is your employer (and not the company the agency contracted with).

    The three strikes could be problematic in winning your UIC appeal.  

    nutz_n_boltz:
    and they informed me that the company had contacted them and told them to terminate my position.

    If all other facts are correct, this may be the one that will help you.  If you were told you were terminated, I do not see how it could be considered a volutantary quit.  That is only my opinion and not legal advice.

    nutz_n_boltz:
    I drove 40 miles each way through all kinds of treacherous weather for 10 months to get to my job every day, and did an outstanding job while there

    Unfortunately, that is irrevelevant. Many, many other folks probably did the same (and even if they didn't, that would still not apply to your case).

     

  • 06-24-2011 6:19 PM In reply to

    Re: Unemployment Appeal Hearing -PA- Do I have a chance?

    Thanks for the insight LG81. It is much appreciated.

    Yes, all the other facts are correct. That's why I was floored when I received the paperwork for my appeal hearing, and it stated that I was a voluntary quit. I know, these days it doesn't matter what you go through to keep a job... a big percentage of corporate America uses you up, throws you away like a used napkin, and then "blames it" on something the employee did to get out of paying unemployment on said employee. They did a similar thing to a good friend of mine who worked at the same company for 6 months. The staffing agency puts you through a rigorous hiring process with background check, drug testing, oodles of testing, etc. If the company decides they later want to hire you as a "casual employee", they act as if you never worked there, and go through the entire hiring process all over again. My friend was in the process of becoming a casual, and just because the company wasn't able to verify 1 of his references, they terminated him completely. He filed for unemployment and was denied because they told the UC office that he walked off the job! He was able to get it straightened out without a hearing. I wasn't so lucky.

     

  • 06-24-2011 7:24 PM In reply to

    Re: Unemployment Appeal Hearing -PA- Do I have a chance?

    You tell your side of the story, they tell their side. That's all you can do.

  • 06-25-2011 8:17 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,510

    Re: Unemployment Appeal Hearing -PA- Do I have a chance?

    Retired HR view:

    Focus your story on agency fired you in context of telling you you your job was over.

    In theory you can be fired for cause , the three strikes, and not get UC.

    However every minor mis-step is not necessarily "cause"  and missing an administrative step  might not be seen by UC hearing officer as "cause" especially in light of your prompt efforts to remedy same.

    The fact that end user no longer wanted you is not cause at to UC and is not really relevant . Not calling in quite on time is not their rule anyway.

    I'm not so sure the 3'd strike is a real countable strike in UC context to deny you UC

    A lot will depend on your credibility and how you present you points.

    I think the first two strikes are true strikes and you need not address long story with each.



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