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No excuse for tardiness? No unemployment, either

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in Compensation and Benefits,Human Resources

Employers have the right to expect their employees will generally show up for and leave work as scheduled. Workers who, without a good reason, are frequently late or leave early aren’t eligible for unemployment compensation if they’re fired. Those absences, even if largely unintentional, are misconduct.

Recent case: Cassandra suffered from depression, took FMLA leave and then returned. Afterward, she still missed work, was frequently late and often left early. When she was fired, she applied for unemployment.

During the hearing to determine whether she engaged in misconduct, she admitted that most of the absences were due to missing her bus, which was not caused by her depression. Her claim was denied. (Tart v. American Indian Community Development, No A14-1705, Court of Appeals of Minnesota, 2015)

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