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View Full Version : Termination then umployment denial Arizona


SHONLOVESMARY
04-19-2007, 08:28 PM
I was terminated for "supposedly" not called in to say I wouldn't be in for work. I had emailed them my work to tell them I wouldn't be in like I had done several times before, but this time, they said they didn't get it and fired me. We had recently signed a "no call, no show" type policy that said if we didn't call in, that it was considered a resignation. At the meeting we were told about this, I asked if email was the same as calling in and they said yes. On the sheet that we signed, it talks about if you were going to be late or leave early, to email the supervisors, then the next paragraph is the "no call, no show" is considered a resignation. I have a copy dated and time stamped from hotmail when I called in sick on the day in question.

I filed for Unemployment and was denied based on me not following company rules, so I appealed. I have a copy of only 1 previous email that I had sent a month before saying that I was sick that day, which they were fine with. I had always used email to let them know, but only have 1 copy of an email, the other 2 that I days I had missed and sent emails, I don't have copies of, but there was no problems before doing this. Plus, my hours stated on the sheet were from 6-2:30 and no supervisors even come in until between 9-10, so if I called in, the only person I could talk to would be another employee just like me, no authority at all, not even an office manager.

Is there anyway that the company can win by law in the hearing? I did send an email that I was sick, I had PTO to cover that day, I got copies of that email and a previous one where it was accepted as calling in with no problem. I had never been counciled about missing work and had a good performance reveiw a month before I was fired. Is there anything I need to bring up that would help me win or anything I can dispute that would help? I did what they asked, but they just used "not getting the email" as an excuse.

Help please. Thanks

cbg
04-20-2007, 12:18 AM
Is there ANY way the company can win? Sure, there is.

I have always held to the idea that even if the only other person you can talk to is a co-worker, use the phone. At least that way there is another person who can confirm that you called. If you MUST e-mail, if you don't get a response, follow up to get a confirmation that someone in authority saw it. You don't have any way of proving it was received, even if you can prove it was sent. I've had e-mails that didn't show up for two or three days after someone sent them to me. Cyberspace is like that. And don't even ask about messages left on my cell phone. Sometimes I don't get them for a week.

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