San Antonio, TX asked in Employment Law and Workers' Compensation for Texas

Q: Was fired today for being 2 and 3 minutes late after being with company 10 years. I'm I entitled to unemployment?

I'm not the only 1 late for 2days this doesn't seem right.

2 Lawyer Answers
S. Michael Graham
PREMIUM
Answered

A: I'm a workers' compensation attorney and not an employment law specialist. The general rule is that you are not entitled to unemployment if you are fired for cause. In this case, although the company will allege cause, it appears to be a minor infraction standing by itself. If you have been in trouble on other occasions, then the company will be able to lump these infractions together. You should file. Try to speak with an employment lawyer if possible. Good Luck.

Roy Lee Warren agrees with this answer

A: I agree you should file and I also answer to let you know if others the company did not follow its own policy then you will be entitled to unemployment. For example, if the company has a policy of allowing 2 "write ups" per year and fire people on the third, if they did not follow that policy you should be getting unemployment. Keep in mind employers always have the power to fire employees but they do not always have the right! Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.