Denied benefits on a false basis?

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lsabler

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Don't know where to turn to get some sound advice so I'm giving this forum a try.

Last month I did not show to work on Tuesday and Wednesday due to family issues (grandmother fell terminally ill in Ukraine,received the phone call Tuesday morning 6am, had to help my mother pack for an emergency flight out to the Ukraine and was generally exhausted and drained from crying) I called in that Tuesday and explained that I am going to need to take a day off. The following day, I did not come into work due to the chaotic situation of what happened the day before which was an add-on to an already hectic situation I had with my family at the time but I did not call in as usual in the morning. However, at about noon I sent an email to my manager (through whom most of the communication took place as the owner was rarely in at the office) and CC'd my boss on it to his blackberry saying that I am really sorry about not contacting them earlier and that I am currently going through family hardships, etc. and I get this back in return:

Sorry to hear about your problems at home, unfortunately we have a
responsibility to our clients. In such case we have no choice but to look
for a new receptionist.

I replied saying: Oh, wow, And now on top of everything, I get fired? Based on the circumstances, it's seems more of a personal decision so if there is nothing I can say or do then should I take this as my 2 week notice?

To which I was told: There is no need to give a two week notice, however you can come in tomorrow to collect your belongings.

I did come to collect my things and that day I have filed for unemployment. Being that I have worked there for 3 years and do not have a history of excessive calling out and such I didn't think they would try to deny me (even though the company is infamous for doing so). But lo and behold, I get a denial on the basis of "no call, no show" which I am certainly planning to appeal. Wondering what are the chances of the final decision going in their favor if I have written proof on day 2 of my absence that I did make contact and was responded to and if they can in someway fabricate "proof" that I was a no-show/no-call?



Also, as a side question, I'm wondering if this could be something of a personal issue (discrimination?) because there was a past employee who was exploiting the company by bypassing them and pocketing cash from clients "on the side" for services done using the companies tax-id. This person was a minority and a male and he did not get fired after several such instances. There was also another worker who was a minority and a female who had a weekly habit of calling out, no call/no show, leaving early, etc. Sometimes several days in a row. And this went on for months on end until she asked the owner as a favor to give her a month pay in advance due to some hardships she was going through. She was given $1,500 and within several weeks, she quit the job. Yet, I call out on Tuesday and the following day I do not show up or make contact until noon and I get fired? And from an irrelevant position like a receptionist due to "responsibilities" to clients while there were employees who worked directly with clients on projects and have openly screwed the clients over? As in .... their position as the project manager who collects side-cash from clients (and then avoids them!) doesn't carry as much "responsibility to clients" as mine does? Now, I am not rude and do not plan to throw these things in anyone's face because I feel that is an improper way to represent myself - but I would like to know if the fact that these people did not get fired when all things considered but I did holds any kind of leverage on my behalf and whether it is something that I should mention at all. Also, I am writing my appeal today and would like to know if there is anything in specific I should or should not mention.


Any kind of advice would be more than appreciated. Thanks.
 
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