calling in?

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calling in?

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?

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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calling in?

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Sep 28, 2010

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.

Oct 04, 2010

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?

Oct 14, 2010

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.

Oct 17, 2010

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??

Oct 18, 2010

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.

Nov 08, 2010

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.

Nov 19, 2010

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

Nov 23, 2010

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

Jan 10, 2011

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 §25(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?

May 26, 2011

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.

Jun 20, 2011

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"?

Jun 25, 2011

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.

Feb 22, 2012

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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