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Unfair denial of unemployment claim Georgia

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  • Unfair denial of unemployment claim Georgia

    I was recently terminated due to “Excessive Tardiness and Absenteeism” from a very large orthopedic clinic here in Atlanta, and I wanted to post these notes to see if you have some insight on my case. I have a hearing tomorrow, and I have some questions as far as that goes also. To me, this case is a deliberate circumvention of proper procedure to not pay unemployment benefits, but I will see what you think.

    I received the package of documents as “evidence” against me, and I found some of the documents very interesting. There are 2 written warnings that were signed by me, one of which I did not sign is obviously forged. My manager, who apparently signed the form for me, didn’t even care to spell my name correctly on the signature, and the signature looks almost identical to hers. The other document is a copy of an attendance report that she printed out, with circles around the times that I was tardy, which was never by more than 10 minutes. This printout is unsigned, unlabeled, and looks like something I can manufacture online, put in whatever I want, and hand write a bunch of notes on the page.

    So, I have gone ahead and prepared some notes for my hearing, and I would really love to hear what you have to say.

    - Key Word- Excessive

    Other than the forged written warning (filed and dated 7/10/2009), there is only one written warning filed (written warning filed and dated 12/05/08), which was filed as a verbal warning from my manager

    Employer states that the termination was due to “Excessive tardiness and absenteeism from 2/17/09 to 7/23/09 (second page of timesheet report, as handwritten on the bottom of the page), however, there are no official written warnings filed during or following that time frame, other than the forged written warning document dated 7/10

    Why are there no filed warnings during or following the specified time frames in relation to the Employer’s position for termination?

    Key Word- Unexcused

    During that time frame, I approached my manager to discuss potential future issues with “tardiness and absenteeism”. I was up front and proactive in discussing the fact that there would be days, and there would be times, that I would have to miss due to my ex-husband in jail, and a 3 year old who needed child care. I had no other resources to take care of my child if she were sick or needed to go to the doctor’s office. There were several conversations surrounding this point, and she told me to do my best, and if I was going to be late or absent, to call in. Every time that I was late due to childcare or similar issues, I was prompt to call and in report.

    Credibility of Employer and Claim

    The copy of the supposed attendance report should be inadmissible due to the fact that it is unidentified, unsigned, an unofficial. The Employer’s claim is backed printout that could be forged, similar to that of the written warning filed 7/10/2009

    The copy of the final warning should be inadmissible due to the fact that it was forged.

    The employer claims that I was laid off due to Excessive Tardiness and Absenteeism, however, there was never anyone hired after the termination to replace me.
    Last edited by lookingforlawhelp; 10-15-2009, 08:00 AM.

  • #2
    Originally posted by lookingforlawhelp View Post
    - Key Word- Excessive

    Other than the forged written warning (filed and dated 7/10/2009), there is only one written warning filed (written warning filed and dated 12/05/08), which was filed as a verbal warning from my manager
    The bottomline first of all is the burden of proof is on the employer to show misconduct and the Hearting Officer will make that determination based on everthing that is presented. Execessive Absenteeism is in the eyes of the employer and what they would have documented in their policy regarding it.

    Employer states that the termination was due to “Excessive tardiness and absenteeism from 2/17/09 to 7/23/09 (second page of timesheet report, as handwritten on the bottom of the page), however, there are no official written warnings filed during or following that time frame, other than the forged written warning document dated 7/10
    Again, the burden is on the employer to prove this and what is written in their policies.


    Key Word- Unexcused

    During that time frame, I approached my manager to discuss potential future issues with “tardiness and absenteeism”. I was up front and proactive in discussing the fact that there would be days, and there would be times, that I would have to miss due to my ex-husband in jail, and a 3 year old who needed child care. I had no other resources to take care of my child if she were sick or needed to go to the doctor’s office. There were several conversations surrounding this point, and she told me to do my best, and if I was going to be late or absent, to call in. Every time that I was late due to childcare or similar issues, I was prompt to call and in report.
    An employer can make any absence unexcused unless it was FMLA purposes and ADA accomodations.

    Credibility of Employer and Claim

    The copy of the supposed attendance report should be inadmissible due to the fact that it is unidentified, unsigned, an unofficial. The Employer’s claim is backed printout that could be forged, similar to that of the written warning filed 7/10/2009. The copy of the final warning should be inadmissible due to the fact that it was forged.
    During the hearing you will have the opportunity to challegae that docvument and object to it being entered into evidence. If the Hearing Officer sides with you, then it is discarded.

    The employer claims that I was laid off due to Excessive Tardiness and Absenteeism, however, there was never anyone hired after the termination to replace me.
    There doesn't have to be anyone hired after you.
    Somedays you're the windshield and somedays you're the bug.

    Comment


    • #3
      1. Maybe a point for your side, maybe not. There don't have to be XX number of warnings, either written or verbal, under the law. You were talked to about your attendance being not up to standard. However, the forgery of the final warning is definitely in your favor, since the employer cannot show evidence that it was even discussed with you.

      2. Excused/unexcused is in the eye of the beholder. Even excused absences/tardies can become excessive. The employer is not required to ignore attendance problem because your ex is in jail or you don't have child care. By how much you were tardy is grasping at straws. Late is late.

      3. I am very familiar with reports produced by time reporting software. What did you expect it to look like? The reports from some systems are fancier than others. At previous employers, as the custodian of records, I had a stamp made up "I certify that this is a true and accurate..blah, blah, blah" and signed each page of subpoenaed records. But that isn't absolutely necessary. Whether or not the hearing officer will consider your claim that such report could have been created outside of the system may or may not be influenced by your allegation that the final written warning was forged.

      4. The fact that there was not anyone hired to replace you has no bearing at all on your UI claim. Maybe they decided to split your duties among remaining employees; or not have certain duties done at all. You would have a huge hill to climb to show that being fired for "excessive absences and tardies" was merely a subterfuge for a reduction in force since, the employer obviously thought that your attendance record was not acceptable.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        This is absolutely the advice I was looking for, thank you!!!

        Considering the information I provided, and also your responses, how do you feel I should proceed with this tomorrow? What are my strongest points, and what are the things that I need to avoid? Should I move in the beginning to have the forged statement stricken? I am a little concerned that even though it is obvious to the plain eye, that we have no expert testimony to show that the signature is actually a forgery. I don't expect the manager to be on the call considering it seems that the case is now being handled by the out of state corporate office.

        Do you think I have a real chance here?

        Comment


        • #5
          You have as good a chance as any.

          Relative to the document that you say is a forgery, point out the incorrect spelling of the name and offer to provide your signature, signed right there. Note that, if in fact it is the case, that other than that document (which you did not sign) that you were not advised that your job was in jeopardy and that, without being told to the contrary, you logically assumed that "excused absences" were not being held against you to the extent of risking getting fired.

          Leave out the ex.

          Sick children, with no one else to care for them, MIGHT work. Although it's not the employer's fault you can't come to work when your children are sick, or you catch something from them, neither might it be a good enough reason to disqualify you from benefits. State laws are all over the place on this one and I do not have personal experience with GA to know how they see it.

          Leave out the "nobody was hired after me" argument; it's irrelevant.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment

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