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Attendance Point System and Absences for Illness

by Maria
(WI)

I have recently gotten fired from my job of 6 years in WI. They went by a point system and once you're at 10 points, they let you go. I have filed for unemployment benefits but I was denied and they said the reason was attendance. However, most of my points were accumulated by coming in late or leaving early, due to an illness. I used to have FMLA but the last time I requested to renew it, my employer made me go back and forth to my doctor several times with documents for her to fill out; in the end, they still did not approve it. Instead of continuing to fight for it, I decided to just deal with it because I couldn't afford to keep racking up all these medical bills. Unfortunately, I do not have any of those documents in my possession. In the process, that is how I accumulated most of my points. I rarely missed whole days of work; I left if I was feeling ill or I came in late once I felt better. I just filed an appeal and i am now waiting on a hearing date. Do you think I will win?




Hi Maria,

Attendance point systems that do not account for things such as absences deemed to be beyond the employee's control, don't make a lot of sense except they tend to help the employer enforce a policy, uniformly without the necessity to use reason.

But unemployment insurance law, does not disregard the importance of being reasonable when assigning fault for a separation.

I do suggest you go to your doctor and try to get some documentation that proves the times you were gone were for a legitimate illness and especially for the final absence that precipitated the discharge.

A good rule of thumb for employees is to follow the lead of very smart employers .. never get caught because you don't have any documentation making the whole unemployment appeal hearing a he said/she said affair and forcing the hearing officer to make a "credibility decision".

Chris

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starstarstarstarstar 		Sick notes & report if im absent ..
by: Anonymous

I have asthma especially now on winter I used to sick now & then,so everytime I submit my letters at work,even if my supervisor doesn't understand that,she has a problem because I go to work with medical certificate everytime,she says she is tired of me cause I'm always sick but she refuses to change me to another position,so if I reported by contacting her with a phone she always have a problem,I'm even going to hearing of that





Hi,

You're not just sick .. you have an illness that may be considered under the ADAAA, a disability.

Maybe it's time you go to HR and make that complaint about your supervisor for potential disability discrimination (well documented of course), to stop the madness.

Why do people always put up with unreasonable behavior from even bosses?

Because they are afraid they will lose the job and the paycheck, but in the end, how many do you think are so afraid to do anything, and that's the reason they end up losing the paycheck .. and their ability to collect unemployment .. because they don't have proof for the unemployment about what they tell me actually happened.

Inaction is unwise, especially, if what your supervisor is doing .. is potentially illegal and potentially a lawsuit a business who really could reasonably help you and themselves to train that supervisor about even her/his employee rights.

I mean, what would you do, if you were in business and had a supervisor behaving in a retaliatory fashion that could lead to a monetary settlement award .. because you allowed the supervisor to retaliate.

When someone is denied UI benefits because they did nothing that converted their story, to proof of their story, it's usually because they ignored a reasonable expectation written into UI laws that they would make issue if they believe one of their employee rights is being violated .. and it is an employee's right to take issue.

Learn about the employment laws that protects you from having to tolerate the treatment you tell me you are experiencing and then do something that will show you made efforts to "preserve" your employment .. fairly and squarely.
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starstarstarstarstar 		response
by: Maria

Every time I had a document filled out, I gave it to my employer without making copies for myself. I wish I would've known to do so.


Maria,

Check Wisconsin labor law and see if you have a right to view or get a copy of your personnel file.

It's a guess, but I'll bet Wisconsin does have such a law .. in the meantime .. know that you can subpoena relative employer documents for the unemployment hearing.

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