calling out sick and family emergency

I just got fired for calling out because my spouse is in hospital and no one to watch kids while they are in hospital. Is this legal to get fired for?

It is legal for an at-will employer to fire an at-will employee (and most Americans are at-will), however, as I have tried to explain to many, in relationship to unemployment insurance laws the discharge for violating an employers attendance policy, the employer must also be able to sustain the discharge was “reasonable” under the circumstances. If your spouse is in the hospital .. it may be beyond your control to attend work, if you can show that the employer was made aware of your child care issues .. and as far as any illegality, if it were me .. I’d want to know if my employer employed enough people to be subject to complying with the FMLA
(Family Medical Leave Act)

In other words, it’s not the situation you’re experiencing that might make an employer regret their decision .. aside from a possibility they may be charged for UI benefits, but whether firing you while your spouse is in the hospital, ignored a
right you may have under the FMLA.

Fifty, or more employees and FMLA and the rights it provides, becomes a compliance issue for an employer in this country.

what is calling “out”

Calling out is when you call an employer to say you won’t be in to work.

Well, without the written warnings .. there should be a chance, but in case anyone is missing my point about the usefulness of being represented at unemployment appeal hearings .. your situation is when it’s most useful.

I’d rather have someone experienced at cross examining and the skill to bust my employer on a lie they maintain is the truth than relying on myself to do this feat which in my mind is similar to being skilled in interrogation.

WV unemployment appeals hearings require an attorney if you pay a fee for representation.

Why don’t you tell me what the employer’s attendance policy is and what the progressive discipline is for attendance issues.

It was a discharge, therefore we need to know which employer rules will be relevant to their burden of proof.

What you’re looking for is the weak spots in their burden so you can use those to rebut and show that possibly the employer didn’t follow the rules in your case and make you aware your job was in jeopardy .. without documentation .. it comes down to a he said/she said situation and that leaves it up to the hearing officer to decide who’s telling the truth.

That is not the ideal scenario as most unemployed people aren’t skilled at cross examinations.

You are as free to use the employer’s policies to support your position as they are. It’s just a matter of creating an argument out it.

You can also subpoena witnesses if you have to, but employees and ex-employees are timid souls .. either afraid of putting their or another job in danger.

Ironic .. since it would be illegal for an employer to intimidate current employees with the loss of their job for telling the truth at an unemployment hearing .. if they could prove that as the employer’s motivation when they do get fired.

Right is right and we all know you sometimes have to show a bit of courage to do the right thing.

By the way, the reason is not unknown. You were fired for attendance or at the very least, insubordination for failing to show up at an “event” the employer’s agent (your manager) says you were directed to show up at.

You should know more when you see the claim file and the employer’s response after you get the determination.

I didn’t see a family emergency.

Chris

I was recently fired from a job at a remote office from our corporate location. My manager told me “corporate” told him he had to let me go. When I asked him why, he said he didn’t know, but it was probably for missing too much. Of course, I called my DM, at the corporate level, she informed me it was the manager’s decision and that it was for missing so much work. The first day I “missed”, the manager himself told me to take the day off because I was hosting Christmas dinner for 30 people the next day. I thought he was being really nice and greatfully accepted the day off. I did call in sick twice, which I can prove I was sick, but made up the hours on the following Saturday, which is what everyone at our location did when they were sick. Another time, I called to say I was sick, but still came in because there were a few things that I had to get done that day. I did come in late, and left early, but again I communicated this with him. I also made these hours up the following Sat. According to the DM, he claimed I was a no show for an event I was not scheduled for, and also missed a Monday that I was under the impression that I was not to work. If we are scheduled for a sat shift, we take the preceeding Monday off. A girl and I had switched Saturday’s and asked if it was okay, which he said yes. He claimed this never happened and also claimed I was given a one on one meeting where I was warned. This never happened! Given the blatant lies that both I and his boss were told. I’m pretty sure he’s going to stick with his story. Do I have a chance at unemployment?

I was recently let go from my job of 4 yrs in the state of VA due to absences. I am under the care of a Dr and get a lot of migrane headaches due to condition. About 4 weeks ago my sister died unexpectedly. I was out for 3 days of bereavement, which during this time had been contacted by my office each day. I have the text and voicemails as proof. After returning I have called out several times to take care of family obligations, which the time was covered by sick and vacation days. I was never warned that my absences question were jeopardizing my job. My question, am I eligible to receive unemployment benefits?

Considering only what you have told me, that you were never warned your job was in jeopardy for poor attendance .. I would think so.

Chris

hi, my name is adriana here in california, my issue now is i have a lot of chronic pain on my back and legs and i work as a housekeeper my doctor has given me pain pills but the pain is to much that i cant ignore when im cleaning if i were to be dismissed from work for not being able to keep up would i be able to get benefits? my doctor already recomended me to leave the job because it puts a lot of strain on my body but he cannot stop me on disability.. i didnt mention that i was in a really bad accident that left me on a wheelchair for more than 6 months back in late 2005.

Very possibly, if you counter document any poor performance write ups effectively to show that you are not choosing to fall behind .. or is there any possibility you can use your medical documentation to reasonably request an accommodation from the employer?

Fired no reason put down on a piece of paper

They did fire me. They didn’t put down a reason on the paper other then I was discharged. Should I tell unemployment I was fired and there wasn’t a reason put down on paper?

Hi,

Maybe you need to start here to learn more about Connecticut unemployment for discharges for attendance.

And then, if you have a question that shows some evidence that you bothered to investigate any of the material relevant to the matter of your unemployment benefits on your own .. I can discuss the weaknesses in the employer’s case I think might be present.

What I think you should tell unemployment is the truth. I do not advise anything else ever.

And since this whole question began with the reason you “know” you were fired for .. does it really matter that the employer didn’t write it down on a piece of paper?

What I am trying to explain mostly through all these Q&A’s is that it is important to understand who has the burden of proof .. as the moving party and when you aren’t the moving party to understand and look for the weaknesses in the moving party’s case.

Since this question began with fired for attendance in Connecticut ..

The employer is the moving party.

They have the burden of proof to show that the final incident of absenteeism was within your ability to control.

That is why I’m giving you links .. which do in fact contain more information you should search for to understand CT’s rules that an employer should adhere to if they want to fire someone for attendance.

There is no other state in this country that has more restrictive rules for an employer to prove that poor attendance at work is misconduct.

If you bother to look up those rules .. which I always considered when deciding whether I would suggest going forward or withdrawing an employer’s appeal .. you will understand that you do in fact, have an opportunity to be allowed benefits, but mostly because you will be trying to get benefits in CT.