Anonymous asked in Business & FinanceCareers & EmploymentLaw & Legal · 8 years ago

Am I a viable candidate for unemployment?

I am 80% sure I am about to fired from my current job, for the reason of calling off after a certain time period,( they stated it's company policy to call in 30 minutes prior to shift) well I have done this and that is terms for termination, but then again they have not followed OSHA guidelines. I have been working 12 hour days with no break, and it shows on my time card no break, I asked for one and they stated,"we aren't doing lunches today"... Even though I did break company policy,did they broke labor laws? Well it took forever took get this job and out of 100 or so apps amongst different places they hired me. I know it will take forever to find another job. But my question is can I file for unemployment if terminated.


It is also company policy to give lunches, both sides are at fault. I really don't want to work at this workplace, by the way its in Indiana. Tomorrow I will be called by the VP to see if i'm fired or not. Wish me luck, if I do indeed get to keep my job then I will request transfer, I'm not going to work 60+ hour weeks killing myself for 11.50 an hour just doesn't seem worth while. I appreciate all input given, will consider all possible options.

Update 2:

I'm 19 if that makes a difference but I doubt it.

6 Answers

  • Judy
    Lv 7
    8 years ago
    Favorite Answer

    Since you don't say where you are, no way to tell if laws were broken. There is no federal law limiting the number of days in a row you can work, or requiring breaks or lunches regardless of how many hours in a row you work. Some states do have such laws.

    If no laws were broken, not likely you'd get unemployment.

  • M W
    Lv 7
    8 years ago

    If they terminate you for misconduct, which you did by not calling in 30 minutes ahead, you will not collect unemployment.

    OSHA is the agency that oversees safety in the workplace. It has nothing to do with the hours you work.

    If it took forever to get the job and there are no other jobs available, shut up and do what you have to do to keep this one.

  • 8 years ago

    You can file for unemployment, however you are unlikely to be approved. Your employer will be contacted to find out why you no longer work there. Once the employer confirms that you broke company policy, it becomes clear that you were not laid off through no fault of your own. This will be a case of he said, she said and you will lose. You should consider this a painful learning experience.

  • Angela
    Lv 4
    8 years ago

    It's not really tit for tat in this situation. You can definitely file, though, if you were fired for violating company policy, you may not get it. If you can prove this other stuff and you're willing to fight it, you could sue the company. That of coarse will take on a lot of time, effort and cost on your part. A crappy situation if I do say so myself. My suggestion: start looking for a new job now and just let this one go. Sorry. :/

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  • 8 years ago

    Federal law does not require breaks including meal breaks.

    Many state laws did require breaks.

    = if breaks are given, the company does not have have to require the employee to clock out.

    If you are terminated, you can apply for unemployment insurance. If you were let go due to attendance issues you are unlikely to be eligible to receive benefits.

  • Rob
    Lv 7
    8 years ago

    u can file if u get fired.

    u may not get it thou.

    suggest u tough it out until

    u learn your local labour laws so

    u can get human resources to correct

    the no lunch issue.,

    b happy 12 hour days are better than zero hours.

    Source(s): been there. both sides of coin
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