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Help fighting willful misconduct.

Reading, PA |

I received my notice of determination stating my Employer is fighting my unemployment. The reason they have listed is for tardiness. The day of my termination I arrived at work and was present with my first write up for being late the Sunday prior even after I notified my manager that I was in traffic and was going to be a couple minutes late as its stated in my handbook. When I was let go I asked my manager what was the reason I was being let go and he told me that he did not know why. The handbook also states that any employees who receive three written warnings during calendar year can be subject to termination upon the fourth. I have also been late on various other occasions without write ups. They have also tolerated rule breaking in the past without reprimand. Thank you for your help.

Attorney Answers 1

  1. Sounds like you have a good argument you did not have enough write ups to get fired and therefore did not commit willful misconduct. However, if you have had alot of tardy situations and you have been warned repeatedly you might have a problem.

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