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Hello, My name is Brian. I recently was discharged from my job. I worked from August 2018 until October 20,2019. I filed for unemployment and was initially denied. These are the details-
On the week of October 14, 2019 to October 20, 2019 I was scheduled to work Tuesday the 15th, Thursday the 17th, Friday the 18th and Sunday the 20th. I called in early Thursday because I was ill and said that I would miss work due to being ill. I talked to an assistant manager due to the GM not being in at the time of my call. I missed the next day which was Friday the 18th because I was still ill. I returned on Sunday the 20th and was told by another assistant manager that I was removed from the schedule for the following week of Monday the 21st through Sunday the 27th because the they said I was a no call, no show. I told him (assistant manager) that that was inaccurate and that I was ill and had called in to let them know I would miss work. The assistant manager on duty for Sunday the 20th allowed me to work my scheduled shift from 8 am to 5pm.
When I called my GM on the next day which was a Monday to find out why I was scratched off the schedule, she said because I didn't come in or call I would not be going back on the schedule, but I told her that was inaccurate and that I called and let them know I was ill and would not be in. I filed for unemployment on that Wednesday following that conversation. I received a letter in the mail for a telephone fact finding interview about 5 days after filing. On November the 14th I had the interview and the adjucator told me that the employer said I was a no call, no show. The adjucator also started bringing up old dates that I had missed which was like a week before I had missed a day due to being sick also but I told her that that day and every other day previously had all been excused because I had called in and talked to the manager as well as handed in a proper doctor's excuse when I returned and was allowed to work on my return as well. The adjucator said she had enough information and I would be getting a decision in 5 to 7 days. On November 18th I received the decision online and it read as follows---
Decision- You were separated from your employment with (company) 10/21/2019. An investigate reveals you were discharged for absenteeism without proper notification to your employer. The reason for your discharge is considered misconduct connected with your work. You are disqualified from receiving Unemployment Insurance benefits beginning 10/22/2019. The disqualification will continue until you have been re employed and earned ___ which is eight times your weekly benefit amount.
Please help with my appeal. The decision they rendered is not right. I called in on Thursday of the 17th and let them know I would miss work due to being sick like I stated early in this message as well as when I returned on Sunday the 20th when an assistant manager told me that my name was scratched out for the upcoming week of October 21th through the 27th. It was not misconduct and I did notify my job. I don't see how you could go into work on that Tuesday the 15th and work your regular shift 8am to 5pm and then get sick but call in on that Thursday and Friday and let them know you were sick and would not make it in and then return on that Sunday and the assistant manager let you work your whole shift of 8am to 5pm out. I don't see how that is being discharged due to misconduct or discharged for absenteeism without proper notification to your employer. I have been reading many stories on here that sound similar and noticed many people like Chyvan helping others so If someone could help me with my appeal It would be greatly appreciated. My appeal hearing is next Tuesday December 3 2019. It is a telephone appeal hearing with an administrative law judge.
Ok I will contact them now to get the records. Once I get them what will I need to do next? Will the ALJ reverse the denial at the hearing trial next Tuesday once I submit the phone records or is there more things to be done in preparation of the hearing?
Because you're in GA, I don't know what the hearing officer will do. However, you were denied because "you didn't call." Once you prove that's not true, the judge is going to have to go with something else, but I don't know from your story what else they could latch on to. However, that person can't affirm the decision because it would be absolutely a false reason.
Hello,
I don't see how you could go into work on that Tuesday the 15th and work your regular shift 8am to 5pm and then get sick but call in on that Thursday and Friday and let them know you were sick and would not make it in and then return on that Sunday and the assistant manager let you work your whole shift of 8am to 5pm out.
His post said he called in on Thursday and Friday.
I called on both days- Thursday and Friday
So I got the phone records and now the only thing I am waiting on is the appeal hearing.
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