My question involves labor and employment law for the state of: Pennsylvania
I began employment on 09/17/2018 in a job that I had been seeking for over a year. I truly loved this job. This job also had a 90 probationary period. On 10/01/2018, the power failed at my house before my alarm would have gone off. I have a special alarm clock due to my severe hearing impairment. The battery back up keeps the time, but doesn't signal the alarm. In short I was late for work. I emailed my supervisor as soon as i woke up, and the only thing that was said to me was, that I had to work through my lunch. On 10/11/2018, i left my house at my usual time (7am). The drive to work is roughly 50 minutes. I had to be at work no later than 8:30. 1/2 was through my drive, i encountered an oversize load truck which I had no choice but to follow since there wasn't a passing zone in that area. A detour at that point would have seriously delayed me. I arrived at work 11 minutes late. On 10/15/2018, I encountered another oversized load, but was able to detour accordingly. While on the interstate, which had been under construction for many years, i got stuck in a traffic jam. Arrived at work 8 minutes late. On 10/18/2018, i was let go, because I was only allowed to be late 2 times in the 90 day period. Unemployment is denying my claim for willful misconduct.
The notice of determination states:
FINDINGS OF FACT
1. The Claimant last worked on 10/18/2018.
2:-The Claimant was discharged for tardiness.
3. The Claimant did not need to be warned as the claimant was within in 90 day probationary period.
4. The Claimant's reason for his last tardiness was he was stuck in traffic.
DISCUSSION
In situations where a Claimant is discharged for tardiness, the burden of proof is on the Employer to show the Claimant had been warned about his attendance and was aware that future tardiness could result in a separation. Once this is established, the burden shifts to the Claimant to show good cause for the last tardiness.
In this case, the Claimant had been warned about his attendance. In addition the Claimant has not shown good cause for the last tardiness. As such, the Claimant's actions constitute willful misconduct and benefits are denied under Section 402(e).
DETERMINATION
The Claimant is ineligible for benefits under Section 402( e) of the Pennsylvania Unemployment Compensation Law beginning
with waiting week ending 10/20/2018.
I was NEVER warned, ever.
Furthermore, the employee handbook was electronic. My job was so busy, i didn't have only a few minutes to skim through it. Therefore I was totally unaware that i would be fired.
Under UC Law for absenteesim and tardiness it states:
Prior to being discharged for absenteeism or tardiness, the claimant must have been warned about such conduct. In addition, there have been cases where one absence is sufficient to show willful misconduct. The reason for the last occurrence will be taken into consideration in determining if the claimant had a good reason for being tardy or absent. Absenteeism alone may justify a discharge, but without a showing of wanton and willful disregard of the employer's interests, benefits cannot be denied. Generally, if an individual has good cause for missing work, such as being ill or having an ill child, and reports off according to the employer's policy, that individual's conduct does not rise to the level of willful misconduct.
I don't see a provision or exception to that rule, for a probationary period.
My hearing is Tuesday Dec 18th.
Do I have a valid argument?
I began employment on 09/17/2018 in a job that I had been seeking for over a year. I truly loved this job. This job also had a 90 probationary period. On 10/01/2018, the power failed at my house before my alarm would have gone off. I have a special alarm clock due to my severe hearing impairment. The battery back up keeps the time, but doesn't signal the alarm. In short I was late for work. I emailed my supervisor as soon as i woke up, and the only thing that was said to me was, that I had to work through my lunch. On 10/11/2018, i left my house at my usual time (7am). The drive to work is roughly 50 minutes. I had to be at work no later than 8:30. 1/2 was through my drive, i encountered an oversize load truck which I had no choice but to follow since there wasn't a passing zone in that area. A detour at that point would have seriously delayed me. I arrived at work 11 minutes late. On 10/15/2018, I encountered another oversized load, but was able to detour accordingly. While on the interstate, which had been under construction for many years, i got stuck in a traffic jam. Arrived at work 8 minutes late. On 10/18/2018, i was let go, because I was only allowed to be late 2 times in the 90 day period. Unemployment is denying my claim for willful misconduct.
The notice of determination states:
FINDINGS OF FACT
1. The Claimant last worked on 10/18/2018.
2:-The Claimant was discharged for tardiness.
3. The Claimant did not need to be warned as the claimant was within in 90 day probationary period.
4. The Claimant's reason for his last tardiness was he was stuck in traffic.
DISCUSSION
In situations where a Claimant is discharged for tardiness, the burden of proof is on the Employer to show the Claimant had been warned about his attendance and was aware that future tardiness could result in a separation. Once this is established, the burden shifts to the Claimant to show good cause for the last tardiness.
In this case, the Claimant had been warned about his attendance. In addition the Claimant has not shown good cause for the last tardiness. As such, the Claimant's actions constitute willful misconduct and benefits are denied under Section 402(e).
DETERMINATION
The Claimant is ineligible for benefits under Section 402( e) of the Pennsylvania Unemployment Compensation Law beginning
with waiting week ending 10/20/2018.
I was NEVER warned, ever.
Furthermore, the employee handbook was electronic. My job was so busy, i didn't have only a few minutes to skim through it. Therefore I was totally unaware that i would be fired.
Under UC Law for absenteesim and tardiness it states:
Prior to being discharged for absenteeism or tardiness, the claimant must have been warned about such conduct. In addition, there have been cases where one absence is sufficient to show willful misconduct. The reason for the last occurrence will be taken into consideration in determining if the claimant had a good reason for being tardy or absent. Absenteeism alone may justify a discharge, but without a showing of wanton and willful disregard of the employer's interests, benefits cannot be denied. Generally, if an individual has good cause for missing work, such as being ill or having an ill child, and reports off according to the employer's policy, that individual's conduct does not rise to the level of willful misconduct.
I don't see a provision or exception to that rule, for a probationary period.
My hearing is Tuesday Dec 18th.
Do I have a valid argument?
Denial & Appeals: Employer Claims Willful Misconduct
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