I was denied unemployment, appealed and the decision was affirmed by the referee. Now what?

Asked about 4 years ago - Fort Lauderdale, FL

I was told I was fired due to missing work (that I called in sick) although I had this benefit i.e. sick days. At the hearing the employer told the referee that I missed work because of transportation, I asked to change my lunch hour which was disruptive to the office, I sent a wrong e-mail. The referee affirmed the decision. What do I do now"

Attorney answers (1)

  1. Robert David Shapiro

    Contributor Level 14

    Answered . Most likely, you were discharged for job abandonment, i.e. that you didn't show up for work, and the employer didn't hear from you. Although you may have had sick days, it is your obligation to notify the employer, and sending it to the wrong email, or giving a phone message to the wrong person at work, can result in termination if the supervisor doesn't find out. When your employer contested the unemployment compensation, you should have hired a lawyer to go with you to the unemployment compensation hearing before the referee. Although you have the right to appeal the referee's decision by filing an appeal, your chance of winning is slim absent a specific legal reason why the referee's decision was wrong. You may differ from the facts but the referee, as the fact finder, can view the facts as s/he wishes, and rule based on that. I do not handle unemployment compensation hearings or appeals so I strongly recommend you seek out competent legal counsel with experience in such matters, and there may be certain time limits you have so do not waste time.
    Sincerely,
    Bob Shapiro

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