i was fired from delta after 14 years because the individual registered on my flight companion pass acted in a manner unacceptable to the guidelines set for non-revenue travel. i was not present when the incident occurred, and had no prior incidents of similar or other nature during my 14 years with the company. upon applying for unemployment compensation, i was denied for allegedly failing to follow company policy. i have filed an appeal based on the grounds that i did not directly violate any rule, nor did i have any prior knowledge of my companions intent to do so. i could understand if his actions had resulted in the termination of my flight benefits, but feel that being terminated on these grounds was beyond harsh given my history with the company. also, i feel that i was fired for circumstances that resulted through no direct action of my own, and hence that i should be entitled to unemployment compensation. what advice can you give me in presenting this argument at my appeal?
1 Answer from Attorneys
If the employer cannot prove that the employee violated a known work rule or policy intentionally or with "conscious disregard" for the rule/policy, the employee should be able to prevail on the appeal. You are entitled to have an attorney represent you at the appeal hearing if you choose to retain one. I would be happy to discuss this with you further if you would like to contact me. My contact information is provided in the link below.
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