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Attendence issues.

by RJ
(ny, ny)

I was fired for being absent 4 times in 3 months. Two days in March, two in May. I was spoken to about my attendance in November. Got a positive eval in March. Was sick in December. My doctor advised me to not go to work pending test results, as he was sending me for a few. I brought a note to my boss, who told me I should work anyway and that my note was not needed. I proceeded to work and not get my tests done. Needless to say, my issues were still ongoing and I needed the days. I had been there sick before plenty of times, but with this particular illness it is not right to the other staff for me to be there. I should probably add that I work in healthcare for the elderly so contamination could be a very bad thing for our patients. My company is notorious for fighting unemployment, but is very fearful when it comes to misconduct on their part. Does the fact that I was working since December against medical advice count for anything when it comes to this? Any opinions are appreciated. Thanks



Hi RJ,

I need to know the specific reasons for the 2 absences in March and in May.

I particularly want to know what the reason was for the final incident .. that prompted the discharge.

Unemployment is decided on details RJ and when it comes to discharges for attendance. They become very interested in the final incident.

Even if someone is on a final written warning for attendance lacking "good cause" for the absences, unemployment is possible if the reason for the final absence was not within the employees control.

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FMLA ran out can I get unemployment in Missouri
by: Anonymous

My FMLA runs out this week and my doctor is not releasing me to go back to my current job because the stress and anxiety was caused from my current job. I am looking for another job. My HR told me if I did not return I would be involuntarily terminated. Will I qualify for unemployment? I know I have to be ready, willing and able to work and I am just not at my current job. After I am terminated should I have my doctor release me so that I qualify for unemployment? What reason do I tell UI? Do I say I was terminated because FMLA ran out and I was not released from the doctor, but now I am released? Please help!



Hi,

You will most likely be able to collect unemployment when your doctor does finally release you back to work.

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Just move forward
by: Chris - webmaster:)

Thanks RJ, I'm glad you asked a question and I'm happy if you can "readjust" your attitude about what it means to be an "employee".

For some strange reason, working for a living makes many people feel like they have no choices or recourse .. WE DO!!

We have the choice at anytime to stop feeling like a victim of "the workplace" by understanding and acting on our RESPONSIBILITY to assert our workplace rights. We are each our own best advocate.

You can return "the small favor" by letting others know.

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Thanks
by: RJ

Your right- I can definitely understand why you created this site! I can imagine your frustration- as it would have frustrated me too. One thing I hate is watching people get over on each other. Especially when its a large company involved! My employers are just like that- your right they would think it is worth denying in the hopes that I wont fight it! Its a bit crazy, but I guess the cost is the same to the company either way so they dont care. That guide to interpretation is a great resource. Employees really have to start educating them selves on these issues. Thanks so much for all the info you have provided me! Please let me know If I could ever return the favor!

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Definitely more than 50
by: RJ

My company is a very large one with a few thousand employees. They are notorious for fighting unemployment.

I have looked at the site you recommended and it only states it is misconduct if the absences are for 'non compelling' reasons. That to me seems open for interpretation, which is what worries me. Thanks, I really appreciate this info...



Hi RJ,

You hit the nail on the head. I regularly explained to an employer why it would probably be a good idea to withdraw their appeal because the reason the employee was fired was because they were ill.

They would then say " no don't withdraw .. maybe we'll get lucky and the claimant won't show up to the hearing "... ugh!! Some are like an energizer bunny that's run into a wall. They back up .. only to run their self into it again and again .. and call it "going on principle"

Some ALJ's (hearing officers) are actually annoyed by frivolous appeals.

The website I referred you to is the "interpretation guide for the State of New York. The value of one of these .. when a state actually makes it available to the public is that you .. and even an employer if they ever cared to look .. is that it explains how, what and why the "good cause" part of the statutes is interpreted by a state.

Believe me, states are different even in this respect. It's a piece of the puzzle in the wide discrepancy in "recipient rates" from state to state. Wisconsin leads the pack with a rate over 60 percent vs. South Dakota's 18 percent.

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From NY
by: RJ

I am actually from NY, and my employer never offered me any FMLA. When I gave my boss the note she said it wasnt necessary, and that I could work anyway. FMLA was not mentioned as an option.


Okay then, does the company you work for employ 50 or more people? An employer is only affected by the FMLA when they have more than fifty employees.

Here's the link to the NY Interpretation index.

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Last Incident
by: RJ

Majority of my sick time has been used for stomach related illnesses. I have had an ongoing problem for years with a history of surgeries related to it and they still dont have a diagnosis besides IBS. My last 2 sick calls were for stomach issues. They were two weeks apart. I had severe vomiting and diahrrea(sp). I chose not to go in because first of all I wasnt getting enough notice to make it to the bathrooms in time, and there are no private restrooms in the building. It would be wrong of me to sit with a garbage pail under me to vomit into as I worked and subject my staff to that. Ive seen it done at my facility even though there is such a risk of contagion there, and it is a healthcare agency servicing the elderly.
Thanks for any input...


Hi,

Here's the thing about "health issuees". If you are seeing a doctor for a health issue and the employer you work for is required to offer FMLA you should request "intermittent FMLA to cover yourself because not all employers will tell you that you can do this.

I always advise having some kind of medical documentation because some states require it and some don't .. it's just easier and safer to have the documentation.

Did you say you were from Illinois?? If so you should also read the IDES.PDF. It's nearly 800 pages of unemployment decisions for different types of situations .. It goes along way to clearing up any confusions about how issues are decided and why someone may ultimately be found at fault .. for their failure to do "something".

Here's the link to where I finally found this terrific resource IDES PDF If I got the state wrong .. let me know.

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