Legal Question in Employment Law in New York

Dear Lawyer, with all my respect that you deserve. I am the son, Maria(mom) and Im trying to help her get back her job. She works at a chicken plant as a housekeeper cleaning. It was a day that she was working and the school where my little brother attends called her and told her that my brother wasn't feeling well. My mom obviously was nervous and decides to go to the school, but she accidently forgot to punch in the time clock to leave the work. Just letting you know she went to the supervisor to tell that person about what happened but that person wasnt there. She leaves to the school and my mom brings a note stating that she was at the school and it was an emergency. When she got back to the job, the decide to fire her stating that she didnt punch out the time clock and accused her of stealing work time. My mom was trying to explain everything that happened they didnt want to listen to her and fires her . My questions are they are saying that obvioulsy she made a mistake by not punching out the time clock (human beign), and that there are two clocks around her and she didnt punch. Now it wasn't obviously her intention to steal time from work, she was acting like a mother due to the emergency that she needed to check on her son. (it is proven she was at the school). It has been months since that happen and a lawyer told her that a real judge will not look at the feelings instead of the proves and that it was her responsibility to punch, My mom is trying to get the money she spent without work since they fire her because it is not fair that she was treated that way. What can she do?


Asked on 4/27/11, 1:11 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

She can filr for unemployment benefits, which will probably be initially denied. As soon as she receives the denial form letter, she must file an appeal. Based upon the facts you described, she may be able to convince the Hearing Officer she is innocent of any wrongdoing.

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Answered on 4/28/11, 11:20 am


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