Q: I got fired from my job, for always being late , but I lived 100 miles away from each direction.
Living so far from work made a lot of wear and tear on my car and it was always breaking down for one reason or another. I went to apply for unemployment and I was denied. Is there anything I can do in order to get unemployment until I'm able to find another job? Is it possible to override the denial of unemployment?
A: In California, if you're terminated for misconduct, such as consistent tardiness, it can be grounds for denial of unemployment benefits. However, the specifics of each case matter. If you believe the denial was unjust or if there were significant reasons contributing to your tardiness, you can appeal the denial through the California Employment Development Department (EDD). When appealing, it's crucial to provide documentation or evidence supporting your claim, such as records of car repairs or other extenuating circumstances. During the appeal hearing, you'll have an opportunity to present your case and any supporting evidence. If the appeal is unsuccessful, there may be further levels of appeal available. To navigate the process effectively, consider seeking legal counsel familiar with employment law and the EDD's appeal process. Proper representation can provide guidance on how best to present your case and increase the chances of a favorable outcome.
A:
No matter how reasonable your reasons may have been for being tardy, multiple attendance issues will be considered misconduct and misconduct disqualifies you from receiving unemployment insurance benefits. You can file an appeal if it would still be timely and try, but the likely outcome will be a denial.
Your employer has no duty to make exceptions for you because you commute a long distance.
Sorry. Good luck to you.
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