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If I was fired for being tardy but at no point received warnings etc, am I eligible for unemployment?
Seattle, WA
Viewed 72 times.
Posted about 1 month ago in Employment / Labor
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I was fired with no notice and no reason by my dept manager who had no information at the time other than it was the owners decision. Later through adjudication, I was informed that I was fired for being tardy without good reason after being repeatedly warned. However I was never warned or even approached about my unpunctuality and was in fact blindsided by my termination. I was never informed of any misconduct and never signed anything. Who has the burden of proof here? And am I eligible for benefits?
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Addendum: I have been applying for UI but I am having to go through adjudication as my former employer is trying to fight it. Answers (2)Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 month ago.
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Unless you have an employment agree with the employer that limits the employer's ability to fire you or the employer discriminates against you because of certain prohibited bases or conduct, you likely have an at will employment relationship with your employer. With at will employment, either the employer or employee may end the relationship at any time for any reason, with or without notice.
So, if you were at at will employee, your employer can fire you even if the employer was mistaken in its belief that you were tardy. Being let go because of alleged tardiness likely is not enough to disqualify you for unemployment benefits if you are otherwise qualified for the benefits. You can review your eligibility for unemployment benefits and apply online at www.esd.wa.gov . Your employer likely would be prohibited by law to take adverse employment actions against you because of certain bases (such as your race, gender, religion, etc.) or because you do certain protected activities (such as organizing a union, file an on the job injury claim, file a discrimination complaint, etc.). For informed advice for your specific situation, you should review your specific facts with your attorney. Alexandra A Filutowski
This attorney is licensed in Washington.
Posted about 1 month ago.
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The employer must prove that you engaged in "willful misconduct." i.e., that you intentionally violated a company policy, were warned, and continued to violate that policy. If the employer submits some documents and signed statements from management to the UI adjudicator alleging such willful misconduct, that may be sufficient for the department to find you ineligible for benefits.
However, you have a right to appeal, within 30 days of the adjudicator's decision. You should gather your own evidence and witness testimony. You should also consider speaking with a lawyer, at that time. Good luck. |