Unemployment Appeal Employer Dispute

Summary

The user, a former hotel front desk clerk, was terminated from her job for alleged job abandonment. She had notified her employer of her inability to attend work due to illness via text message, which was not acknowledged by her employer. She was approved for unemployment, but her employer appealed the approval, adding allegations of a hostile work environment to her file post-termination. The user has an upcoming unemployment appeal hearing. She was not given any disciplinary actions prior to termination as per her employment contract.

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Employer appeal Unemployment approval
What is the reason your employer gave for appealing your unemployment approval?
Said I was a no call no show. I live in Louisiana
Did you provide any notice or explanation to your employer about your absence?
Yes I sent a text message to the General Manager hours before my shift began about * hours before
Did you keep a record or screenshot of the text message you sent to your General Manager?
Yes, that is why I was approved
What was the response of your General Manager to your text message?
She never responded which she never responds to messages. My problem is they are making write ups and putting in my employee file making me look like a horrible worker , saying I was late excessively which has nothing to do with me being fired, I was fired for no call no show
Did you have a chance to discuss these write-ups with your employer or HR before you were terminated?
No I just received the papers via email today almost 2 months since I been fired
Did the email include any information about a process or deadline to dispute the write-ups in your employee file?
It was just papers from human resources. They knew they never gave them to me so they just sent it. Would a Judge allow that when that was not cause of termination almost like they trying to change reason
Did the papers you received from HR include any new reasons for your termination that were not previously communicated to you?
No but it shows a lot of things that was added to my file after I was terminated
Did you have any prior disciplinary actions or write-ups before this incident?
None
What was the exact date of your termination?
Terminated ,*/*/*
What was the date you received the papers from HR with the additional information added to your file?
*/*/*
What was the content of the text message you sent to your General Manager?
Unemployment documents
What was the reason you provided in your text message to the General Manager for not being able to attend your shift?
I was ill. I went to hospital and have documentation
Did you submit the hospital documentation to your employer or the unemployment office?
Yes
What was the response from your employer or the unemployment office after you submitted the hospital documentation?
Unemployment office said it was sufficient evidence and I was approved unemployment.
Did your employer receive the same hospital documentation that you provided to the unemployment office?
Yes
What was the employer's response after receiving the hospital documentation?
Job abandonment, I didn't show up no call no show GM says she ever received text, but I have screenshot
What was the date and time you sent the text message to your General Manager?
5am */*/*
Did you send the screenshot of the text message to your employer and the unemployment office as evidence of your communication?
Yes
What was the response from your employer after you provided the screenshot of the text message as evidence?
No response from emploer
What was the response from the unemployment office after you provided the screenshot of the text message as evidence?
Approved unemployment application
Did you receive any written or verbal warnings about your attendance prior to your termination?
No
Did you have any employment contract or company policy that outlines the procedure for calling in sick or reporting absences?
It just says notify manager. Does not specify a type of way to call out
What does your employment contract or company policy say about the consequences of not following the procedure for reporting absences?
They appealed the approval saying jon abandonment. Then added stuff to my file like write up for hostile work environment which is not true.
Did you receive any formal notice or documentation about these new allegations of a hostile work environment?
I just received the write ups on yesterday
What specific allegations were made in the write-ups you received?
Me and another coworker got into it because I was * min late for work. The same coworker I would allow to use my vehicle when hers broke. I text her saying she had a attitude with me for being late when she was just late reliving me and I wasn't mad.
What was the response from your coworker or management after you sent the text message?
It was never brought up. As far as I knew it was only between. Me and this coworker. I found out yesterday it was put in my employee file but they said I never signed it because I didn't show up to work
Did you receive any formal communication or notice from your employer about this incident being added to your employee file?
Just email yesterday it was submitted to unemployment for appeal
Did you have a chance to respond to these allegations during the unemployment appeal process?
I never responded to allegation. It has nothing to do with why I was fired
What state are you located in? Different states have different rules regarding unemployment appeals.
My appeal is on 17th
What is the location of your appeal hearing?
Louisiana
What is the nature of your employment? Were you a full-time, part-time, or contract employee?
Full-time
What was your job title and what were your responsibilities at this job?
Front Desk Clerk
What was the nature of your job as a Front Desk Clerk?
Hotel
Did you have any written employment contract or employee handbook that outlined the procedures for disciplinary actions or termination?
I can find it
Could you please share the details of the disciplinary actions or termination procedures mentioned in your employment contract or handbook?
SECTION * CORRECTIVE ACTION POLICY AND PROCEDURES *.* METHODS AND MEANS OF DISCIPLINE As previously noted, employment with Cornerstone is at-will, meaning that associates have the right to terminate their own employment, just as Cornerstone reserves the right to terminate an associate’s employment for any reason allowed under the law, with or without cause. Cornerstone, however, desires to maintain a workplace that is conducive to good relationships and excellent performance of work; and therefore, Cornerstone generally observes four (*) means of disciplining associates: *. Verbal warning;*.Written warning;*.Suspension; and4. Discharge.The nature, severity, and facts surrounding each offense will determine which step or steps shall be taken. The four (*) means of discipline listed above do not, and are not intended to, constitute any type of required progression in discipline. For example, a sufficiently severe breach of conduct could warrant immediate termination although no other disciplinary action had been taken previously with respect to that associate. *.* FIVE SIMPLE RULES *. Don’t Lie2. Don’t Cheat3. Don’t Steal4. Treat Each Other and Each Property with Respect5. Take Care of Our GuestsThat’s it. Follow these rules and we’re all going to get along just fine. Break them… you knew the rules. *.* TYPES OF UNACCEPTABLE BEHAVIOR Cornerstone expects its associates to behave civilly, courteously and professionally in all aspects of employment. An associate’s behavior reflects directly on the reputation of Cornerstone with its guests and with the community at large. Accordingly, associates who breach the expectations of Cornerstone, including specific violations of standards of conduct, shall be subject to the disciplinary actions described above. The following list describes examples of behavior and actions that are not tolerated by Cornerstone. This list is not meant to be an exhaustive list, but rather is illustrative of the type of actions that can result in disciplinary action. Employer Evidence Documents for Docket#015062AT2023 Claimant, **** **** EXHIBIT * */10J-*
Did you receive any of the four means of discipline (verbal warning, written warning, suspension, discharge) before your termination?
Can they add to termination
What exactly do you mean by "add to termination"? Are you referring to additional reasons for termination or penalties after termination?
Add additional reasons
Are you asking if your employer can add more reasons for your termination after the fact?
Yes
In general, employers can add reasons for termination after the fact. However, it may affect their credibility if the case goes to court. Is there anything else I can assist you with?