My unemployment was denied i have to file an appeal should i do it or a lawyer?

Tuesday, January 10, 2012
By WcrAdmin

They said my employer had just cause for firing me because of constant absenteeism and tardiness. I explained to them that the point system is flawed, for ex. if a employee is late due to inclament weather that person will not be pointed if late, i always was. if an employee called off with a drs excuse then they would still recieve a point, i had to sometimes i would ask for a day off to get a cortizone shot, also work related denied workers comp also, wouldnt get it. would get pointed. anyone that has had a shot of this knows you need 3 days off afterwards for swelling and pain. if other ppl were late the managers would change their schedule by 15 mins so they wouldnt get pointed. I am in so much pain with my arm they wont give anymore cortizone shots and said i need surgery cant get another job till the surgery. cant get the surgery insurance sucks and would have to pay 20% out of my own pocket. what would you do?

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9 Responses to “My unemployment was denied i have to file an appeal should i do it or a lawyer?”

  1. not enough money involved to hire a lawyer

    suck it up and find a job that you can do

    My wife is in extreme back pain every day. She cries it hurts so much, but she gets up at 5 AM and goes to work as we have an extended family of 9 to support.

    #10278
  2. vote for Obama.

    Take the 1st appeal yourself. Write everything down. Use a spell checker. Put things in the order they happened. Get the records from your old employer. You are entitled to see what evidence was used in making the decision in your claim. Look at it. If you can’t understand it, tell them that and make them explain it to you.

    If you are denied on appeal, then appeal to the administrative law judge. If you are really convinced that you should qualify for workman’s comp, get yourself an attorney. Remember, they aren’t free.

    #10279
  3. WOW U ARE UP THAT CREEK ARNT YA BETTER PRAY FOR A MIRICLE OR GET A GOOD LAWER TO SUE

    #10280
  4. Please speak to an attorney asap.

    Where I live, you cannot get unemployment benefits if you are fired for attendance reasons. It also sounds complicated because they might feel that you are presently unable to work.

    Perhaps you can locate a lawyer who will take your case on a contingency basis. Or maybe the appeal can be by telephone. This way if he does not leave his office, his fee will probably be cheaper.

    Good luck!

    #10281
  5. Appeal it first, if they still turn you down, then pursue legal options.

    Appealing costs you nothing, a lawyer will cost you an arm and a leg.

    #10282
  6. Wasting your time. Your opinion that the system is flawed is not grounds for overturning the dismissal. Employers have the right to apply whatever policy they choose; unless you can prove discrimination under an EEOC classification, it doesn’t matter who writes it up; you probably won’t win.

    #10283
  7. If you have a work related injury you need to contact a lawyer.
    It sounds like you have a good case to appeal to the unemployment office more than likely they will side with you.
    Some employers always fight unemployment . they don’t want there rates to increase and they feel if they fight it the employee will give up and go find a job.I hope the best for you. Remember now is not the time to stop fighting now is the time to kick it in high gear no matter what your trying to accomplish.Once again good luck!!!!!

    #10284
  8. Not to sound mean but it sounds like you have too much going on. Anyone who has to know what the point system is for absenteeism is, may need to change their work habits. I know we all have things that come up, but from the way it sounds , you were way beyond wanting to be there everyday. They can fire you for any reason. ANY REASON!!! I do not agree with the fact that they treat people differently. I have seen that a lot. It isn’t right. But they hired you to have you there every day. If you are always gone, they have to have someone there to find a replacement and then a person to replace you. You can do the appeal yourself if you feel you are in the right. Have all of the pertinent info ready.

    Good Luck!!!!!!!!!

    #10285
  9. Deal with your own issues on this… and not how other employees
    are treated. Go to the hearing, explain what your case beliefs are
    and why you should be granted the UI benefits. You don’t need, nor
    would you find an atty to take this claim at this point… as said
    above, there isn’t enough in a fee. You can handle this… if you
    are denied and need further appeal, then consult with a labor atty.

    #10313

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