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Old 09-30-2019, 05:05 PM
 
4 posts, read 2,356 times
Reputation: 10

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Hello,

I was fired from my job 6 weeks ago and have been filing for unemployment ever since. I was fired because I was denied vacation time because I had no time left. The policy states that if you don't have time you can apply for a leave without pay. I was not offered this option. I had notified my manager of the vacation several months prior to the date. I had gotten a written warning prior to the vacation and was advised that my vacation was not approved but again I was not offered the option to take a leave without pay and others have had this option. I have never had attendance issue in the past but this year has been rough.

When I received the warning my manager emailed me after our meeting stating "I will not be able to approve that time off and I comfortable offering an exception for your scheduled vacation in August. Please note that the US PTO policy states the following regarding disciplinary action...."

She obviously made a typo and I could have taken it as she was giving me an exception per her email above which is why I still went on vacation.

When I arrived back from vacation I signed in and was asked to go to the office and was fired. I met with HR and did an exit interview where they advised me to file for unemployment. I stayed in the office at my desk for about 2 hours to send my manager some info on my laptop and to square away some things with work and say my goodbyes.

I would like to appeal the denial. What should I write for the appeal.

Thank You
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Old 09-30-2019, 05:43 PM
 
34,206 posts, read 17,290,220 times
Reputation: 17287
go on unemployment forum under work forum. some folks much better at advising on this.
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Old 09-30-2019, 08:07 PM
 
14,394 posts, read 11,349,543 times
Reputation: 14170
What denial are you appealing? You filed for UI, were you denied? Post the relevant parts here.

If it was a written policy, you were warned not to go on vacation and you did anyway... I guess that vacation was more important than work. Not sure what you’d appeal - your theory about the typo is extremely weak. You were WARNED. She said she was NOT able to approve your time off and quoted the PTO policy.

There are other questions about your situation I’d love to ask but they have nothing to do with the matter in hand.
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Old 10-02-2019, 03:39 PM
 
125 posts, read 44,913 times
Reputation: 18
Shocked nobody has said it yet, Simply write "I wish to file an appeal based on the decision made"


Or something to that effect (Chyvan and others know better) Don't write anything until they tell you what to write.


But basically when you file for an appeal you don't need to add anything besides you wish to appeal, It makes no difference but in my case (Horrible handwriting) they could possibly use it against your character.


(If you saw my handwriting you would think I'm Forrest Gump but if you were talking to me you wouldn't think I was stupid)


I wrote a long appeal letter not knowing it needed to be simple and probably didn't help my appeal (Lost)
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Old 10-02-2019, 04:33 PM
 
14,394 posts, read 11,349,543 times
Reputation: 14170
“The determination dated xx/xx/xx is wrong. I request a hearing”

That’s all you have to say. That’s all you should say.
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Old 10-02-2019, 05:43 PM
 
268 posts, read 209,824 times
Reputation: 101
Quote:
Originally Posted by Mema23 View Post
Hello,

I was fired from my job 6 weeks ago and have been filing for unemployment ever since. I was fired because I was denied vacation time because I had no time left. The policy states that if you don't have time you can apply for a leave without pay. I was not offered this option. I had notified my manager of the vacation several months prior to the date. I had gotten a written warning prior to the vacation and was advised that my vacation was not approved but again I was not offered the option to take a leave without pay and others have had this option. I have never had attendance issue in the past but this year has been rough.

When I received the warning my manager emailed me after our meeting stating "I will not be able to approve that time off and I comfortable offering an exception for your scheduled vacation in August. Please note that the US PTO policy states the following regarding disciplinary action...."

She obviously made a typo and I could have taken it as she was giving me an exception per her email above which is why I still went on vacation.

When I arrived back from vacation I signed in and was asked to go to the office and was fired. I met with HR and did an exit interview where they advised me to file for unemployment. I stayed in the office at my desk for about 2 hours to send my manager some info on my laptop and to square away some things with work and say my goodbyes.

I would like to appeal the denial. What should I write for the appeal.

Thank You

Were you warned after you made your vacation without pay request? If the email your manager sent you after the warning was essentially following the policy, then, they likely claimed you broke a policy and were warned (in writing) which is pretty solid misconduct. Unless the policy explicitly states that management MUST approve vacation without pay, it's ultimately up to management to say yes/no and it sounds like your said no, but you disregarded it and went anyways, is that accurate? NOTE: It's my understanding that no state (not even CA) has legally mandatory vacation (paid or unpaid) for any employee in the United States. (There are some states with mandatory sick time, but not vacation).
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Old 10-02-2019, 09:48 PM
 
819 posts, read 576,472 times
Reputation: 145
Quote:
Originally Posted by Mema23 View Post

When I received the warning my manager emailed me after our meeting stating "I will not be able to approve that time off and I comfortable offering an exception for your scheduled vacation in August. Please note that the US PTO policy states the following regarding disciplinary action...."

She obviously made a typo and I could have taken it as she was giving me an exception per her email above which is why I still went on vacation.
Are you saying the typo was her leaving out the not in "I am not comfortable offering an exception." ?
If so, she also left out the word "am."
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Old 10-03-2019, 09:41 AM
 
4 posts, read 2,356 times
Reputation: 10
Yes.
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Old 10-03-2019, 09:43 AM
 
4 posts, read 2,356 times
Reputation: 10
Quote:
Originally Posted by markjames68 View Post
What denial are you appealing? You filed for UI, were you denied? Post the relevant parts here.

If it was a written policy, you were warned not to go on vacation and you did anyway... I guess that vacation was more important than work. Not sure what you’d appeal - your theory about the typo is extremely weak. You were WARNED. She said she was NOT able to approve your time off and quoted the PTO policy.

There are other questions about your situation I’d love to ask but they have nothing to do with the matter in hand.
Like what?
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Old 10-03-2019, 09:54 AM
 
14,394 posts, read 11,349,543 times
Reputation: 14170
Quote:
Originally Posted by Mema23 View Post
Like what?
Nothing suitable to be posted on a forum.

To keep to the matter at hand, you mention you filed.

Were you denied?

What was the reason?

Are you planning to file an appeal?

Did you request one yet? And did you put any reasons in?


Your nice little grammar theory will hold zero weight. You were warned and took the vacation anyway. Sounds like misconduct.

Your only hope is if you didn’t shoot yourself in the foot with your claim or your appeal request, AND the employer doesn’t show up to the hearing.

Answer the above questions listed in bold please and we can possibly help.
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