gfeld10467
New Member
My jurisdiction is: florida
fired an employee whom has filed for unemployment.
i filed that the employee was fired for misconduct and sent this explaination.
"Employee was released for taking time off withpout calling in,chronic absenteeism and tardiness.
The employee has worked here for several years & has had a problem with absenteeism for awhile. this year alone he's logged more than 250 hours od missed time, not including vacation and holidays. employee recently had also acquired another job delivering newspapers. i was told by the employee and other employees that he did that job even when he was too sick to come to this job.
Employee was late at least 17 times this year. He was late 4 times in the last 2 weeks of employment here. 2 of those 4 times he was more than 4.5 hours late and hadn't called, he just came to work expecting to start.
Employees are to call in by 8AM the latest(work starts at 6:30AM). On many occasions- as was the case when he was released- the employee didn't call."
Along with the above statement was sent in a list of 59 instances of some type of absense. Some of these reasons are oversleeping(many times 3-5 hours overslept), being out because wife upset, late waiting for furniture to arrive, diarrhea,flu,clothes still in dryer,waiting for medicine,needs to clean house,fell asleep after other job,out sick and wife forgot to call,reading newspaper and lost track of time.
After submitting the above i received a notice with this notice of determination.
"Claimant was discharged. No information has been submitted which clearly substantiates misconduct."
Inaccordance with section 443, florida statutes: benifits are payable because:
"the discharge was for reason other than misconduct connected with work"
Benifits paid will be charged to the employers account.
To me this is clearly misconduct!! Have i not given correct proof?
I can't call with questions to the given # as it's always either busy or they say call volume is too high and a rep isn't available call later. I've called at all hours and get the same recording or a busy signal. I intend to file an appeal but what more do i nheed to show? Maybe his timecards?
fired an employee whom has filed for unemployment.
i filed that the employee was fired for misconduct and sent this explaination.
"Employee was released for taking time off withpout calling in,chronic absenteeism and tardiness.
The employee has worked here for several years & has had a problem with absenteeism for awhile. this year alone he's logged more than 250 hours od missed time, not including vacation and holidays. employee recently had also acquired another job delivering newspapers. i was told by the employee and other employees that he did that job even when he was too sick to come to this job.
Employee was late at least 17 times this year. He was late 4 times in the last 2 weeks of employment here. 2 of those 4 times he was more than 4.5 hours late and hadn't called, he just came to work expecting to start.
Employees are to call in by 8AM the latest(work starts at 6:30AM). On many occasions- as was the case when he was released- the employee didn't call."
Along with the above statement was sent in a list of 59 instances of some type of absense. Some of these reasons are oversleeping(many times 3-5 hours overslept), being out because wife upset, late waiting for furniture to arrive, diarrhea,flu,clothes still in dryer,waiting for medicine,needs to clean house,fell asleep after other job,out sick and wife forgot to call,reading newspaper and lost track of time.
After submitting the above i received a notice with this notice of determination.
"Claimant was discharged. No information has been submitted which clearly substantiates misconduct."
Inaccordance with section 443, florida statutes: benifits are payable because:
"the discharge was for reason other than misconduct connected with work"
Benifits paid will be charged to the employers account.
To me this is clearly misconduct!! Have i not given correct proof?
I can't call with questions to the given # as it's always either busy or they say call volume is too high and a rep isn't available call later. I've called at all hours and get the same recording or a busy signal. I intend to file an appeal but what more do i nheed to show? Maybe his timecards?
