I've been with this company for 3 years and was recently fired for "tardiness" and was denied benefits. Should I appeal?

Asked about 1 year ago - Brooklyn, NY

I completely own up to being late a few times during my last few months with the company, however prior to moving to New York, I lived in NV and never had issues with being late to work. Most of the times that I was late to work in NY were due to lack of knowledge of the transit systems. I was put on a final warning and given 6 months before my slate was wiped clean. after 4 months of not being late, I had a complete accident and had the wrong schedule in my phone and showed up unknowingly late and once I was told that I came in at the wrong time, I immediately went to my managers so we could discuss my situation. They fired me on the spot. I was denied unemployment but am wondering if I should appeal their decision?

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . Unless you had a contract, you were an at-will employee and therefore could be fired for any reason or no reason so long as it was not an unconstitutional reason such as based on race, gender, religion, etc. There is no harm in appealing.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Andrew Endicott Schrafel

    Contributor Level 14

    2

    Lawyers agree

    Answered . Appeal the unemployment decision? Yes, if you have the option of an appeal you should take it.

  3. Vincent Peter White

    Contributor Level 18

    2

    Lawyers agree

    Answered . You should always appeal, you never know what might happen. That said, there is a good chance multiple latenesses will be considered a for cause termination. Employers need employees to be on time.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more

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