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fired after state of emergency?

I worked at home during the NYS state of emergency on March 14... while I normally go into work at a school or another office...due to the weather conditions and the fact that people were told to stay home and avoid travel, we were stock piling food and water. I worked at home since my boss was pressing me for work to be done.. I completed a training and was emailing him back and forth that day... he knew I was working. I turned my digital time sheet in and he had full access to it. A week later after I turned in my signed timesheet, he fired me because he said I shouldn't have worked from home. I had an impeccable track record before and was one of the most valuable employees..or so I thought. On my review in November, I wrote down that I felt that there was a lack of training for the job and that it put me to a disadvantage. No warning, nothing. No other disciplinary actions. Nothing. I admitted to working at home and said I didn't have a sitter and had done everything at home that I would do at work. They said this wasn't acceptable, that I should have just taken time off without pay...then ended up paying me for the whole day!!!

I did file for unemployment..but not sure I will get it..do you think I will get unemployment...can I fight this?

Update:

this is also a non for profit agency who prides itself in Empowering Women...so...knowing I am a single, working mother and doing NOTHING to help it's employees..it has failed it's mission...can I go to the board about this?

1 Answer

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  • 4 years ago

    You were fired so you do not qualify for unemployment. Trying to get it is fraud. They likely won't prosecute you because they are too busy. You were not authorized to work at home so. You are lucky that they decided to pay you anyway - it sounds like pay and go away money, basically a gift for your efforts but, they don't want you back. Your lack of ability to get a babysitter is not their problem. It is your responsibility to get to work when you are required to be there and if you need to have a babysitter at home, it is your responsibility to find one. Unless the roads were closed and you could not get through by car or bus and were too far away to walk, then you should have been at work. A state of emergency does not necessarily mean you could not make it to work and if the business did not close, then you should have been there. Everybody else managed. You have too many excuses. Mentioning them all and basically saying take your pick - makes you look like you either are not too smart or perhaps, you just thought you could get away with it - working at home. Yet, it was unauthorized so, you were fired with cause. You don't get to choose how much training you should get. The employer decides. You either pick it up quickly or you do not and you struggle a little more. Tough luck.

    Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.
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