Westminster, MD asked in Employment Law for Maryland

Q: If I were terminated for being late, can I get unemployment?

I work as a legal assistant at a personal injury law firm. I am an hourly employee. My schedule is 9am to 5pm and due to public transit, I'm late by 5 or 6 minutes about twice a week. I have been written up twice and today was late due to train delays (9:06) and was told I would be terminated for further infractions.

Some important details:

- My position is non-essential, meaning my tardiness impacts no one but myself.

- Upon hiring, there were no written attendance guidelines or expectations provided. Expectations of me were assumed but not directly expressed.

- I did not sign an "At Will" contract at any point during my employment. (I am employed in the state of Maryland)

- I frequently work overtime, but have never been compensated for any of it. It is not required, but due to my workload, I find it advantageous to stay late and complete my work for the day. I am hourly. Not salaried.

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1 Lawyer Answer
June Marie Marshall
June Marie Marshall
Answered
  • Silver Spring , MD
  • Licensed in Maryland

A: You may be disqualified from unemployment or severely penalized. See below from the Nolo website:

Firing. If you were fired because you lacked the skills to perform the job or simply weren't a good fit, you won’t necessarily be barred from receiving benefits. If, however, you were fired for misconduct, you may be disqualified from receiving benefits. Maryland recognizes three types of misconduct for firing. If you were fired for “simple” misconduct in connection with your job, you won’t be eligible for benefits for ten to 15 weeks after you were fired. If you were fired for “gross” misconduct (serious or repeated violations of workplace rules or standards of behavior), you must get a new job and earn at least 25 times your weekly benefit amount before you will be eligible for unemployment. If you were fired for “aggravated” misconduct (deliberate and malicious misconduct intended to damage property or cause physical harm), you must get a new job and earn at least 30 times your weekly benefit amount before you will once again qualify for unemployment benefits.

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