Due to flood conditions which resulted in increased plane travel, she was unable to get a return reservation. If this is the case, the compelling nature of the absence would control the determination of eligibility.Example - Notice Given Under Emergency, No Permission:The claimant left California over the weekend to go to Ohio where an aunt was seriously ill. He notified the employer of the reason for his absence shortly after the arrest. If you have been fired from your job, and you are not sure whether you're eligible for unemployment benefits, check with your state unemployment office.In addition to verifying the cause of your termination, they can help to make sure you meet the minimum requirements for earnings and duration of employment for your application to be considered. He or she also normally could reasonably expect a friend to make the requested notification when the friend could do so without inconveniencing himself or herself (as a fellow-employee who worked in the same department or for the same supervisor). Will such a discharge be for misconduct? On June 1, the claimant contacted the manager and informed him he could give no specific date on which he could return to work. If prior approval is granted for the absence, and the claimant is discharged for the absence, he or she is generally not subject to disqualification. There was no intentional disregard of this obligation, hence, there is no misconduct.Even had the employer had a phone on the job, the claimant's use of another to notify the employer may have been reasonable if the claim ant himself had no phone.
An employee's obligation to his employer does not include doing things which would work an undue hardship on him.If making notification himself or herself would only inconvenience the claimant, his or her use of another would not be reasonable unless he or she was reasonably assured of the reliability of the person selected. On the other hand, an employer's prior warnings or reprimands for unexcused absences due to noncompelling reasons followed by a repeated similar absence justifies a discharge for misconduct . He was absent without leave for approximately ten days. When I had my unemployment phone interview I told them that I was having car problems/no reliable transportation, witch is the same thing I told my employer...just make sure that you DO NOT lie. It was a two- or three-minute walk from the time clock to the incinerator. The claimant had no compelling reason for overstaying the one hour which he had been allowed. A week before the last day of work, he was placed on probation for three months. His employer discharged him. It should, however, be noted that had either of the "compelling reasons" been absent, the discharge would have been for misconduct.This Google™ translation feature, provided on the Employment Development Department (EDD) website, is for informational purposes only.The web pages currently in English on the EDD website are the official and accurate source for the program information and services the EDD provides. . The note had some spelling and grammatical errors. One of his duties was to open the storeroom at 7 a.m. so that supplies could be obtained. When a claimant is terminated for absence due to incarceration, and the separation is considered a discharge, whether the discharge is for misconduct depends on the claimant's efforts to notify the employer of absences. He also testified that he had called the employer's office one week after the last day of work. . They will help you claim unemployment … If an employee phoned an office worker and the office worker promptly informed the Personnel Manager, the claimant would have complied in substance with the employer's rule and would not be subject to a disqualification because of improper notice.Often it is necessary to determine if the claimant has a compelling reason for notifying an individual other than the one specified by the employer. her conduct was intentional and showed a substantial disregard of her employer's interests.The claimant was held ineligible. He made no further effort to contact the employer until July 1, at which time he was informed that in the absence of information from the claimant he had been replaced and there was no work for him.The claimant's failure to give notice of the reason for his continuing absence from his work was not a good faith error in judgment, but rather, a wilful omission on his part. It's illegal for an employer to fire an employee for asserting these rights.You should speak to an experienced employment lawyer right away to assess your claims and decide how to proceed.
In view of the employer's instruction, the claimant could not foresee that her failure to give continuing notice would result in her termination. You should apply for unemployment and if your old employer objects ask for the issue to be adjudicated by the employment office and it will. She was advised that the doctor's office was overburdened with requests of similar type and that her matter would be taken care of soon as possible.When the employer did not receive the medical substantiation a week later, a decision was made to discharge the claimant. On Monday, April 16, he called and informed the employer that he had dental appointments and would not be in on Monday and Tuesday, but would return on Wednesday. He had a duty to provide the documentation required by the employer to support his absences.What if the employer is dissatisfied with the documentation presented and discharges the claimant?Example - Employer Dissatisfied With Employee's Physician's Medical Reports:In P-B-244, the claimant lived in Van Nuys and traveled a distance of 27 miles to work. .
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