Daughter Fired and denied unemployment.

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Latest post Tue, Dec 22 2015 8:02 AM by Drew. 6 replies.
  • Mon, Dec 21 2015 9:36 PM

    Daughter Fired and denied unemployment.

    This is her apeal letter she sent in and was denied. I would like for someone to read over it and see if we should go thorugh the second appeal process or not. Thanks in advance for all the advice.

     

    Normal 0 false false false EN-US X-NONE X-NONE

    Dear, Appeal Process Committee

    I Chelsey _____ would like to appeal my denial claim for unemployment benefits.  I submitted to Express Scripts a temporary school schedule for me to attend school in Jacksonville Fl. I explained to Express Scripts that it was a nine to ten months program. I submitted a copy of my school information containing school days and times. This program cost me approx. $16,000 to further my education. I discussed my plans with my team lead; I asked if it was possible to obtain a temporary school schedule before ever enrolling into the school program. They assured me that my schedule would be approved during the course of my education. Once it was approved, I enrolled into school. In July, half way through the program, Express Scripts cancelled my school schedule without any notice of reason. This led me to miss work every Thursday for July, August, September, and October.  My team lead and I submitted another Temporary school Schedule and it was only approved for two weeks, with no explanation.  After, the two weeks, we submitted another temporary school schedule and it was denied due to attendance.  I made sure that my school schedule was approved before ever enrolling in the school program.  I worked approximately 40 hours a week and I attended school 36 hours a week, 12 hour days, 3 times a week.  I drove an hour to and from school three times a week. That is not including activities that I had to participate in with the school on my off time.  I feel like this is discrimination towards me furthering my education, when I took the proper steps to make it possible. I did call out only when I came down so sick with strep or the one time I had the flu, I was contagious with fever and could not work. However, had my school schedule, had still been in place, my sick time would have been covered by my saved PTO(paid time off).  I performed my job to the best of my ability. I had been employed with Express Scripts two and half years and did not ever have any issues prior to school schedule being denied. I strongly believe that I should receive unemployment benefits because I would not be in this situation, if they had honored their prior obligation. Thank you for your time and consideration.

     

    Sincerely,

    Chelsey ______

  • Tue, Dec 22 2015 6:06 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,419

    Re: Daughter Fired and denied unemployment.

    Suggestion:

    The critical focus is to,address the reasons the employer claimed were your dismissal reasons and /or  the issues cited on denial....not necessarily your story 

    While it may seem illogical and unfair to approve a school schedule .then deny it......in general it is a good reason to dismiss you if you are unwilling or unable to,work the schedule management requests........

     



  • Tue, Dec 22 2015 7:03 AM In reply to

    Re: Daughter Fired and denied unemployment.

    Chelseysmama:
    This is her apeal letter she sent in and was denied. I would like for someone to read over it and see if we should go thorugh the second appeal process or not. Thanks in advance for all the advice.

    She has nothing to lose by using the entire process to appeal but based on her fact pattern I don't see her chances of being good for two reasons:

    While the employer did approve her attending school if their circumstances changed and they could not longer accommodate her request they do not have to.  Her choosing to simply not show up for work weekly is willful misconduct from an unemployment benefits perspective.  She did not lose her job through no fault of her own.  From the UI view she is at fault for refusing to come to work for an assigned shift regardless of what they approved in the past.

    The second is if she is still attending school then she cannot necessarily meet the UI requirement that she is available and looking for work.  Some states do not allow you to collect UI benefits if you are attending school full time.  The class schedule of 36 hours a week in 3 days is a full time student which could easily be viewed as incompatible with full time employment.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Tue, Dec 22 2015 7:37 AM In reply to

    Re: Daughter Fired and denied unemployment.

    Thank you so much for the suggestion. I was hoping since the company and her had it in writing and they reassured her that her schedule of the one day a week would remain, that it might be breach of contract. I thought it was a coincidence that they waited 7 months to fire her over attendance until three days of her completing school. The school schedule only affected every Thursday, so when they approved to give her off that day and work another day in its place she took that as good faith. This was her first job ever and I hate that it will reflect poorly for future jobs. I guess no sense in continuing with the appeal process. Thank you for your advice, at least she won't waste time and keep stressing over a decision. Thanks again!

  • Tue, Dec 22 2015 7:41 AM In reply to

    Re: Daughter Fired and denied unemployment.

     Thank you so much for your advice. She was fired about three days before completing her schooling. I was surprised if it was due to attendance that they fired her 7 months after changing her schedule.

  • Tue, Dec 22 2015 8:01 AM In reply to

    Re: Daughter Fired and denied unemployment.

    Chelseysmama:
    This is her apeal letter she sent in and was denied. I would like for someone to read over it and see if we should go thorugh the second appeal process or not. Thanks in advance for all the advice.

    You probably already read this, but here's a link to the relevant GDOL (Georgia Department of Labor) Rules.

    Did the employer give absenteeism as the reason she should not be eligible for benefits?  I'll assume so, but if it was something else, please come back here and tell us what.

    Did the employer approve her school schedule in writing, and if so, did she include a copy of that document with her appeal?  Did the approval document include weasel wording giving the employer the right to change its mind at any time for any reason?

    When her school-schedule approval was withdrawn, did she try to change her class schedule?  Could she have dropped the Thursday classes and still remained a student in good standing?  How much money would it have cost her in nonrefundable tuition?

    My answer to your question is, if it costs little or nothing to go through this second appeals process then she might as well do it.  But if she never got her temporary school schedule approved in writing, and/or the approval was written in such a way as to be not really binding (they gave themselves the right to change their minds either on a whim, or under circumstances that actually came to pass), then my guess is her odds of success are fairly low.

    BTW, you should know that, like most of the people who post on this forum, I'm not a lawyer.

     

  • Tue, Dec 22 2015 8:02 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,419

    Re: Daughter Fired and denied unemployment.

    I might try a focused  response of. employer approved her schedule in writing in advance  w exhibit  and honored same for quite sometime and employee worked in detrimental reliance to the agreement  and employers never altered that prior approval ( if correct)...in context it does not rise,to level of willful misconduct or,whatever words are critical in your state.

     

     



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