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Calling in for a good reason

by Danielle
(New York)

I have had to call in to my job because I did not have a babysitter for my children. My mom watches them and she had to have surgery. There were a few other times I had to call in due to sickness and my children getting sick. I am not fired yet, but think the employer might get tired of me calling in. I have no choice because I have to watch my children. There are no write ups and they never said anything about it other then no problem...I live in New York. Also, how long do I have to work for the job to be eligible for unemployment?


Chris's Response



This should help you understand when New York considers absences or lateness misconduct.

I can't answer your question about how long you have to work for any certain employer to be eligible for unemployment because eligibility is determined on the wages in a "base period".

But, the general rule of thumb is that you must have wages in at least two quarters of your base period and they must meet the minimum monetary requirements as far as the amount of wages.

That information can be found in the resource on the page about unemployment pay.

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Suspended for violation of the attendance policy??
by: Chris - Unemployment-Tips.com

It would be unusual for someone to be suspended.. pending an investigation for calling in sick when they had a doctor's note .. unless the employer has reason to suspect the doctor note was forged.

So, any reason you only mentioned what you had been written up for before and not what the last incident was .. that is now under investigation?

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I've been suspended from work pending investigation
by: Anonymous

I was suspended from my job pending further investigation.

I've been written up before for being absent for day's that I had doctors notice.

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To the person talking to the jerk ..(Felt good didn't it:)
by: Chris

But you shouldn't be surprised if what you wrote is actually lost on someone who clearly might also be poo pooin' all the new buzzing rhetoric going on in HR circles right now about how to manage the talent you hire .. so they don't leave.

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To jerk manager above
by: Anonymous

To the jerkoff manager above: I am so thankful I do not work for a heartless fool like you. Some of us actually hold our children and their well being as number one priority. Sorry, but unlike you, my job comes second in that circumstance. I would tell any employer where they could shove their job if they expect me to choose it over my kids. Maybe your kid will get sick and you will be fired as a result of missing days. One can only hope...

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For Not Entitled
by: Chris

I guess that is one way to look at the problem. But, life does happen .. even to reliable employees. Therefore it's a lousy attitude about a final incident, for purposes of denying unemployment benefits when the employee really is dealing with circumstances beyond their control that also interfere with an employer's attendance policy.

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You are not entitled!
by: Anonymous

As a HR manager I want to pass this on to people.
It is NOT your companies issue that your kid is sick, you have no sitter, your dog died.

YOU ARE HIRED TO DO A JOB they expect you there, what goes on AT HOME should be left there!

Why should a company give you special treatment because you have a child.. THAT WAS YOUR CHOICE not the companies.

So tired of people thinking Companies OWE THEM!

They owe you a PAYCHECK not a way to correct your home life! If you have babysitter issues hey guess what you should have backup sitters!

YES I have raised two daughters and have felt this way ALWAYS even for myself!

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Fired because of bad weather
by: Anonymous

I have been with my company since 1986 on and off. So far now I have been at that company for two years, only called off twice. Once because my little dog had a neck injury and the other was due to bad weather. I am terrified of driving in bad weather. I called and called my employer and couldn't get an answer, it sounded like someone had left the phone on. So I called my manager at her home to let her know I wouldn't be in. When she got to work and informed the General Manager he said that if I didn't come in, I could find another job. Am I eligible for unemployment.




What is your employer's attendance policy and their call off procedure and what state is it?

Are you aware of the employer's burden if they are going to protest your benefits for a discharge?


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do I qualify
by: Anonymous

I have been at my job for six months and they extended my 90 days because i had occurrence but they were for my miscilanious breaks like bathroom breaks and im pregnant so I went over some times. Now that im on my second 90 day extention I have a couple of occurrence but they are excused because i have doctor notes. But I have used all myhours up and if I call off again even with a doctors note they wont hire me on. Would I qualify for unemployment? I have doctors notes for everyday i called off.

I did read some of your comments but if I dont get fired for my occurrence and they hire me on I dont qualify for fmla because i haven't been with the company for a year. I would have to resign when I have the baby. Would I qualify then?


Hi,

I'm not sure what kind of employer you're working for, but if you read some of my comments, you should know that more than just being about controlling the outcome of UIB's,

I'm very concerned, that for whatever reason, American workers ignore the possibility their rights as an employee might be being stomped on by an employer, while you still have a job and rights to protect.

So here's what popped out at me and it has to do with possible pregnancy discrimination.

But, you're right, at least I think you might be, about FMLA. If you're currently a temp employee trying to get hired on as permanent, you might not actually be the employee of the company you're working for that is treating a pregnant woman like any other employee.

FMLA is an employee right when you have worked for a company with 50 or more employees for 1280 hours (about a year).

However, I don't think you read anywhere in the Q&A's where I tipped anyone to quit their job because they didn't qualify for FMLA.

I tell them to put in writing a request for a medical leave .. backed up with medical documentation from a physician ordering them to be off work for health reasons.

Additionally, since I have no idea what state you're in .. there's a few that actually have temporary disability unemployment benefits that allow even those left out by FMLA a shorter period than the max 12 weeks off after the birth (to bond you know).

If I don't explain well, I'm sorry. But for purposes of unemployment .. the name of the game is avoid being the moving party .. unless you believe you have strong proof to prove you had good cause to move first.

Quitting is moving first.

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Can my husband collect unemployment if fired?
by: Anonymous

He has been working for this company for about 10 yrs. He hardly ever calls in or is late.I can count on 1 hand in the past couple of years he was late or called in. But my daughter has been sick and he has also this past year.Not to mention I was diagnosed with General Anxiety Disorder this year and suffer from asthma.He missed 2 days in 2 months recently and they warned him,he would be terminated if he calls in again.The call ins were related to sickness,would he still be able to collect unemployment if he is fired. we live in NY state.



I have answered similar questions many times about getting fired for being sick.

Document, document, document the reasonable justification by providing the employer with notes from doctors .. and of course a copy for your own records to use as evidence .. and in this situation, if he works for an employer with 50 or more employees and they are required to comply with the FMLA .. have him ask his employer about an intermittent FML .. the point is to protect one's ability to prove the absences .. and the tardies are beyond the individual's control while still complying with the employer's call off procedure.

They can fire him without the FML to protect his job .. but if he covers his ass for every occurrence by providing counter documentation to them .. such as doctor notes .. it becomes difficult to prove the absenteeism was intentional and willful work related misconduct.

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boss threatening to fire me over injury
by: Anonymous

i had a injury occur about a month ago now have to do physical therapy i sliced my finger on a piece of metal at work had to get 2 stitches on the knuckle of my left index finger the day it happened i didn't go to the er didn't seem to bother me that much guess my adrenaline was running but the next day after working 6 hours and the pain got unbearable i asked my boss if i could go to the hospital to get it looked at and as i was showing him what i needed to get looked at he told me that if i go and say it happened at work whether i failed or passed the drug test that i would be fired and i did not take this lightly because there has been 2 people since i have been there that as soon as they r off their restrictions he "laid them off" so i didn't take the threat of loosing my job lightly was wondering if there is anything i can do about this now?



When you are injured on a job, your basic issue isn't unemployment benefits .. it's worker's comp.

What the employer has done/said is the wrong thing for him to do.

I wish you had provided the name of your state so I could of linked to more information .. but you can still google it.

As far as unemployment goes .. you need to take care of this issue .. by the book otherwise as I see it .. you would be destroying your credibility and helping the employer if, by some chance .. he fires you anyway .. for something else.

I think all employees lose ground every time one employee gives into these types of very questionable, quite possibly, illegal threats.

In my mind, they amount to extortion.

However, after having said all this .. I'm curious as to why you chose a question entitled "calling in" to put your comment/question under.

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Help me please I want to quit
by: Anonymous

Hi
Ive been working at this place who likes to never hand out unemployment. Ive been there over a year and work 30 to 35 hours a week. Prior to workin there I was diagnosed with athritis and is now 10x worse than befor I want to quit so bad because I go home everyday crying because I'm in so much pain but know they hate me and won't take it lightly that I want to collect.Now they have us poring water jugs and carrying water cases my body can't Handel it no more I want to quit. What should I do please help me your my only hope.




Hi, Anonymous

Did you happen to try using the search bar in the upper right of every page and read some of my prior answers on the subject of quitting for health reasons?

Chris

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QUESTION
by: Anonymous

My husband worked for the city and had been there for over five years. He got transferred to a new department about 1 year ago. After his transfer, he had to have knee surgery which kept him out for 3 months. Once back at work our two kids both kept getting sick with flu and pneumonia and strep throat, so I used up all of my sick time to take care of them, so he had to help out by staying out some to take care of them. Then in March he had a car accident which caused a back and neck injury, and the very next day I had to go to ER for kidney stones which resulted in surgery and an overnight stay at the hospital. He had doctors notes for everyday he was out even from the kids doctor saying that he was the one who brought them in. He had a note from his doctor about the back and neck injury and a note from the hospital saying that he was there with me for surgery. Once he went back to work after all this, his dad had a massive stroke and he was out because of that for one day. He then went back to work again and about a week later he got really sick at work and I had to actually get off work and go get him and take him to the doctor. He passed out in the car because his BP was so high. The doctor kept him out of work the next day and said the BP was probably related to stress at work, from his dad and he also had a severe sinus infection. He went back to work after this and worked for two weeks straight and then one afternoon his supervisor came up to him and told him to get his things and leave that he was suspended pending a hearing for his absences. After the hearing he got a letter stating he was terminated. He went the next week and signed up for unemployment and after 3 weeks got a letter that he was denied due to the employer stating that he had been warned about his absences, which he did get one warning back in Feb. Never got an oral warning or anything. His supervisor actually seemed to be compassionate about the rough year we had been having. He is going to appeal the denial but what are his chances for being approved?



Hi,

His chances should be good as long as he submits 'all' his medical documentation which he provided to the employer also.


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left work without good cause attributable to the employer was discharged for misconduct or substantial fault with work.
by: Anonymous

I worked for a temporary agency and my contract ended. I do not understand why they are saying I was discharged for the above comment title.



All I can tell you is that you mentioned "temp agency" so if it's not true .. that's why.

I am not a fan of the strategies used by many temp agencies merely to control their UI tax experience rating.

Do they lie outright to unemployment departments? You bet.

Do they twist the facts to sound intentionally bad for you? You bet.

Do they go to unemployment hearings with weak ass cases in the hopes you won't attend or at least, don't know how to fight back? You bet.

But my curiosity was peaked when I noticed under what submission you asked a question .. via a comment under.

Why are you asking under a submission that was titled "calling in"?


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FMLA
by: Anonymous

A few of these sound like they were in conjunction with illnesses of an immediate family members; if you find yourself in a situation with a seriously ill family member, file for Family Medical Leave right away, it allows you to take off up to 12 weeks per rolling calendar year, and it does not have to be taken all at once. It preserves your job for you while dealing with your own or an immediate family member's serious health condition.

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sick time
by: Anonymous

Both myself & my daughter were sick (at different times during the year). The doc kept me out for a week each time. Even though I had sick time to use, my employer gave me a verbal & written for attendance. They counted each day as separate occurrences even though I was out 5 days consecutively. Now my daughter is sick again & the daycare won't take her. My job is threatening to fire me if I don't go in, even though the docs note says stay home & my daycare won't take her like this! If I get fired, can I collect unemployment in Massachusetts if I'm fired due to attendance? (Even though, I have doctors notes for all my time used.) I have been with this company for a year now.




The following is copy and pasted from the Massachusetts DUA Service Representatives Handbook

1322 (B)
(B) Unreasonable Application of a Rule
A claimant was discharged because he exhausted the number of allowed absences provided for in an attendance rule. You determine that the final absence was due to an unusual circumstance beyond the claimant?s control such as caring for an ill child. You determine that the rule is unreasonable as applied to the claimant because although it protects a legitimate business interest (unnecessary absenteeism), the claimant attempted to explain the reason for such violation to the employer and an unusual circumstance negated adherence to the rule. Therefore, the claimant is not subject to disqualification pursuant to ยง25(e)(2) of the Law.



You tell me .. do you think you will be able to get unemployment if the employer fires you .. and you provide doctor notes for each occurrence you have been written up for?

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I WON
by: Anonymous

I won too! I just wanted to let everybody know in case they have questions that I could possible answer. I was the one whose son was sick and never had any warnings.




That terrific, because if you hadn't .. I would have not understood why not:)

Chris

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i won!!!
by: Mr Smith

Thank you Chris!!! Your website helped me to win my appeal... I can't believe I Won!!! The employer fought me every step of the way but in the end I was victorious because they could not prove willful misconduct...



What a relief .. eh? I love stories of victorious unemployment claimants!!

Chris

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Can i get uneploment due to
by: Anonymous

When i applied for the job i like the idea that it was a part time seasonal position and because i had kids, during the months of them going to school i would only work 2 and 3 days. My boss then got fired and i had to work more because i was next in line for being the boss. So i was working 4 and 5 days a week. I have two kids whom get sick, babysitter quits, school, doctors appointments etc. So on top of calling in some times for which i have doctors records, i had to request days off to take them to the doctors, etc. So my employer, "let me go" saying that i should take care of home and my family and they need someone to be available all the time. Can i be denied because technically i was let go due to be absent?




When discharged for attendance you might still be able to collect unemployment if you can effectively rebut that the reasons for the absences .. particularly the last absence was a legitimate reason and something beyond your control.

Parents with children have an obligation to take there kids to the doctor when they are sick .. therefore the reason I harp on having dr. notes or some type of documentation to provide to the employer.

They can fire you if they want, but it will not necessarily be for misconduct if you can show a valid and compelling reason for being absent.

If you work for an employer that must comply with FMLA .. and you have a sick kid and they are writing you up for taking your kid to the doctor or because daycare won't take them for the day .. it's time to ask your employer about what you have to do to get intermittent FMLA.

If you it's there for you .. use it, but don't abuse it.

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final incident
by: Mrs Smith

Hi Mrs Smith,

You weren't fired for an attendance issue then, you were fired for job performance.

You should file for unemployment because the employer does not have a clear cut case of misconduct. You should also make yourself aware of the employer's rules and policies .. including whether the rules allowed for you to be placed on probation for one incident of being tardy.

The employer has the burden, so the first thing anyone who has been fired should check is whether the employer followed their own rules.

Even if the probation used language such as "further violations may include discipline up to and including termination" .. it is the final incident that must be shown to be the misconduct.

Since I'm not aware of what the employer's rule is about cutting up patients meat .. I don't know whether your failure to do so is an egregious neglect of duties or not, but if it is .. I would be likely to argue that it was a one time error and one that did not rise to any level of misconduct because the employer assumed something instead of verifying what he should of .. that the patient ate the "alternate lunch".

Your attendance is not at issue .. although the termination might have been precipitates by the employer's anticipation that attendance was going to become a problem.

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final inciden
by: Mrs Smith

The final incident that lead to me being fired was the incident that I talked ab out happened in the dining room the supervisor said he wrote me up because I wasn't performing my job properly by not slicing a resident meat so he assumed the patient did not eat which wasn't true the resident ate the alternate lunch and if the adminstrator would have investigated the claim thue claim against me he would have found out that the patient did eat lunch.. I was fired because they claim I had to many wite up's which was not true I had one write up for calling in one time in a 6 month time period and that's the reason I was on probation. I had no prior write up's or suspensions only a write up for calling in after being employed with the company for 6 and a half months. Do you think I have a chance to win my apeal hearing??

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fired for having multiple write ups
by: Mrs Smith

I was fired for having multiple write up, but only was officially written up once for a call in when my child had to be hospitalized.. I had no prior write ups only a warning or two about being tardy which I fixed the problem by showing up ontime for work from there on.. I had documentation proving the reason why I called in and it did not matter to the adminstrator. I was offically written up and placed on 30 days probation after being employed at NSLC for 7 months and never calling in. A few weeks later a coworker was promoted to supervisor and he wrote me up because he felt that I was not performing my job properly because I didn't cut a patients meat up for her on her lunch tray. The admistrator that fired me did not investigate the claim of the supervisor that wrote me up, because if he would have he would have found out that the patient ate the alternate lunch and wanted the keep the plate because they were other things she wanted to eat on the tray. I feel that I was wrongefully fired, because I was placed on probation for calling in 1 time and I have a history of showing up for work and not calling in. I was denied uneployements benefits and I have an appeal hearing coming up soon.. Do you think I have a chance to win my appeal in Louisiana under these circumstances??




Hi Mrs Smith,

Please, just tell me what the final incident was that prompted the employer to terminate your employment.

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fired
by: Anonymous

I have had a similiar problem recently. I called in saying I would either be late or could not come in because my babysitter had an emergency. I have never called in or even been late at my job. My boss called me and said if I do not come in I will be fired. Can I collect unemployment?

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getting fired for calling
by: Anonymous

I have been fired due to calling because my son was sick and I did not have a babysitter. I was never warned by my employer that if I call in again I would get fired. I even had sick days left and I still got fired. My boss called me and told me I was going to be fired and said he would not fight me on the case because he knew my circumstances with my son. Will I be able to collect unemployment?




Yes, you should be able to collect unemployment.

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