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andersona9 · Newbie Joined: 16 Jan 2008 Posts: 3 Career Advice: +0/-0

Hello Everyone,

Here is my situation: I live in Philadelphia, PA. I was terminated for calling out for an emergency. i still had all of my vacation time left and for the entire time that I worked there (4 years) I was always allowed to use my vacation time for emergencies. Nothing was ever said in the past for doing this and absences were never brought up on my annual reviews. In fact, i was always given a raise every year based on my reviews. I was written up one time about calling out recently and wrote my own statement about the write-up. To which my boss responded, "I wish i could take it back and you will not be fired if you call out for an emergency" So the last time I called out for an emergency that had to do with a leak in my house. My boss was on vacation for the prior 2 weeks and this happened on a Monday, so I did not have his home phone number to call him and tell him on Sunday. I called out on the morning of the incident and left a voicemail explaining the situation. This is how I always called out for the entire 4 years that I was there without anyone telling me that I was not allowed to do this. In fact on the time card system, it always showed up as "approved". My last absence showed up as "approved" by my manager too. So I go into work the next day and it shows up as approved on the system, but my boss does not speak to me the whole day. I go to work the following day and my boss does not say 2 words to me all day again until the end of the day when he called me into the HR manager's office and the terminate me. I file for my benefits online and receive them. Then they stop and I call the UC center and they record my explanation and re-instate my benefits. They found in my favor. Today i get the letter of appeal from my former employer and they stated that i was fired because I called out too often and did not follow procedure when I called out. As far as I am concerned, I followed procedure because I was never told otherwise for all 4 years of working there. And absences were never brought up in any of my annual reviews and raises were awarded every time. So if it wasn't addressed in my reviews, then how can i fix it if it was never an issue before?? I think they were looking for a reason to get rid of me because business is extremely slow there. So now I guess I will have an appeal hearing coming up. Do any of you think that I have a case here?? Any advice is welcome!!
Thanks,
Al

lexa10881 · Posted: Fri Jan 18, 2008 5:35 am Post subject:

Possibly. Did others use this same method to call off and were they disciplined in a different manner or a like manner? That might be a big point to find out and know for your appeal.

http://www.cvtips.com/unemployment_worker_compensation.html

Randy · Posted: Fri Jan 18, 2008 11:14 am Post subject:

Oh, yeah, don't you just love how employers can first agree to an ex-employee receiving unemployment pay, and then file an appeal against their own approval? Talk about one very twisted and screwed up system!

Sure you have a case, but with all due respect, good luck. It's "just" you v your employer with all the resources he has at his disposal. Your insights are also probably dead on the money regarding why you were terminated, but none of that's going to matter, either.

Employers pretty much suck these days....

botweety · Posted: Tue Jan 22, 2008 5:07 am Post subject: Appeal in PA

I just retired as a PA Unemployment Compensation Claims Examiner and can tell you that you have a valid case and should be able to continue collecting your benefits. Just state your case before the referee as you told it here. The employer discharged you so they have the burden of proof--see my site. Also, the employer did not initially approve your benefits; the local unemployment office examiner did. The employer did not like the approval and filed an appeal.
Botweety

Randy · Posted: Tue Jan 22, 2008 5:19 am Post subject:

Then things are different, better, in PA than here in VA. During the inquisition they called the "appeal" (filed by the employer, of course), the examiner himself showed me the signed letter of approval from the employer who, conveniently, later changed his mind. Bottom line, paraphrasing, "Too bad, little man. Employer good. Employee bad. Now repay the money and shut up."

UC Help Center · Posted: Mon Jan 28, 2008 1:49 pm Post subject:

It sounds like you should continue to receive UC benefits. The Pa law is very clear here, if your employer failed to put you on notice that your employment was in jeopardy you then became unemployed through no fault of your own.

In order to protect your rights get good representation for your hearing.

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