Got Fired for Missing Work: Company Policy Was Not Followed
If one gets fired from his job for missing to much work,but the employer did not follow there five step policy would i be entitled to unemployment?
Answer: There is a possibility that you might be able to still get unemployment. There is a possibility it was wrongful termination. You must show proof of this 5-step policy to the UE office. (Five steps is a lot. Many places only have three.) You must document what happened and exactly show where you got fired. Explain which of the 5 steps where executed and which ones were not. Have all of that ready to show the UE office. Without the documentation, you won’t succeed.
In fact, download this for free: 10 Things That Managers Do To Get Sued…And Lose In Court One of the things it covers is violation of company rules. Good luck.
Find A Lawyer Are you dealing with discrimination, harassment, retaliation, work injuries, wrongful termination or other problems at work that you know are wrong and need them to stop? Click here to search LegalMatch. Act now to get a consultation with qualified employment law attorney in your area before it's too late to file a claim.
3 Responses to Got Fired for Missing Work: Company Policy Was Not Followed
Leave a Reply
No, but you might have a case for wrongful termination.
No one can say for sure until there’s a hearing….
This isn’t about whether they can dismiss you, it is whether they have good cause to do so. "Missing too much work" is not an absolute term, it’s a judgment; and the UI people, in evaluating a claim would look to whether an employer followed its own policy in making their own determination about whether this is a legitimate reason for discharge. My guess is that it would work to your advantage.When they issue a policy you generally have a right to rely on that policy to tell you if your behavior is within bounds or not, thus "cause" for dismissal. If they didn’t follow the policy they can stil dismiss you but then it’s a much more difficult case for them to make that you should have known your behavior would result in dismissal.
It wouldn’t hurt to go ahead and apply for Unemployment benefits. If your employer fights it, you can request a hearing. If during the hearing, your employer can’t provide sufficient documentation (written warnings, records of conversation, etc), you have a good chance of winning your case.