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Q: Wisconsin unemployment law 108.4(5) and attendance ( No Answer,   0 Comments )
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Subject: Wisconsin unemployment law 108.4(5) and attendance
Category: Business and Money > Employment
Asked by: tarutaru-ga
List Price: $20.00
Posted: 28 Apr 2004 11:38 PDT
Expires: 24 May 2004 07:02 PDT
Question ID: 337755
I realize its a long shot, but I'm looking for a loophole to obtain
unemployment benefits after losing my job to attendance.  I am aware
its deemed "misconduct", but any insight I can get on the subject
would be great!!!

Here's the story:
My employer had fired me for unsatisfactory attendance.  The
attendance policy here is extremely strict, so I knew when I called in
that last time, it would be my last day there. Usually I was just late
to work, and anything more than 5 minutes late was counted as .25 day
unexcused.  An employee may used up to 6 days
of unexcused absences, however they would write you up for each time
you were late (you are allowed 3 write-ups).  One time I can
recollect, I left early (.5 day unexcused) to see a doctor because I
could taste blood when I coughed.  2 days of unexcused absences were
due to illness (unexcused absences as well; we did not receive sick
days).  The last day, I had been out of town the night before, and
someone had left with my car keys.  The deputy investigating the claim
felt I should have been able to arrange a ride to work, although I
would have been late, written-up, and that would be the 4th write-up
which results in termination anyway.  The company told her they had
pulled me into the office several times and had warned me about my
attendance, but that is completely untrue.  Your only "discussion" you
get about such things is when they hand you a write-up out on the
floor.  I admit, I knew my job was in jeopardy, but still, that last
time it was completely out of my control.  The leading-up-to-it was
bad, but...

The only things I have to go on is this:
2 former co-workers, both male, had been fired for attendance after
working there less time than I had, and the company did not fight them
on unemployment

The company had made allowances for other employees, such as excusing
their unexcused absences or allowing them to use vacation days to
cover missed time

I can't afford much, but any help in this matter would be GREATLY appreciated!!!!
Thank you!!!!!!!!!!!!!!!
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