QUESTION

Can I win my unemployment case for being fired for attendance?

Asked on Jun 22nd, 2012 on Employment Contracts - Pennsylvania
More details to this question:
I had worked for a company for about 4 years. I got fired for to many points. I feel i was discriminated against and or harassed to quit my job on multiple occasions.(for about a year). Those reasons are not included. They have an 11 point rolling system, 11th and you''re fired. 50% of them were due to pregnancy. The last one that pushed me to 11, was because I requested off,got denied, found my own coverage and got denied. I got denied for unemployment due to willful misconduct. I disagree with that because I felt that i had no other choice. Can I win this case against those employers?
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1 ANSWER

Business Law Attorney serving Bala Cynwyd, PA at The Ezold Law Firm, P.C.
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Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.That being said, in the Unemployment Compensation setting, it is the burden of the employer to prove that the employee was terminated for willful misconduct.  If the employer meets that burden, the employee can than show that he/she had a legitimate reason for the conduct that the employer states is willful misconduct.  The decision of who would “win the case” would be up to the referee.  I suggest you speak to legal counsel to determine whether you have a basis for your case and how the referee might decide based on all the facts presented.                    If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.Robert H. GraffThe Ezold Law Firm, P.C.One Belmont Avenue,Suite 501Bala Cynwyd, PA 19004(610) 660-5585rgraff@ezoldlaw.comwww.ezoldlaw.com
Answered on Jul 10th, 2012 at 4:46 PM

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