Can i collect unemployment if I am fired for attendance…..
I work for a bank and have medical issues. I have no shame, I have IBS. I’ve given a dr’s note late 2008 to my manager stating that I may have to go to the bathroom frequently. Which at the time was able to let me take unexcused bathroom breaks without affecting my stats. Then early Feb 2009 I was approved for intermittent FMLA, I ran out of time late October. Also during this time I started taking medication for OCD from my psychiatrist. Sometimes I’ve left during my shift because of the effects of my medication had on me working in a bank call center. I always informed the proper people when I would leave, I even disclosed to my superiors that I was on medication for various things. They have even noticed the effects some of the medication had on me during this time. All of this has built me up to a final written warning. Now today I went to work, the past few days I’ve had flu like symptoms, I was at work for 5 hours today, and I just couldn’t bear it anymore. I spoke with a manager and told her everything and that I needed to go home due to me feeling sick. I am almost sure this is going to lead up to me being fired tomorrow.
You know that this is what they want to do .. just make you go away because employers do not like it when we have ongoing health issues .. right?
Are you certain that the employer reduced your intermittent FMLA in the correct increments of time you were gone? I mean if you were only gone a half day .. they can’t reduce your time by a whole eight hours.
I’m not sure what state you are in, but my general advice about your unemployment benefits is to make sure the state knows that the final incident and it sounds like in your case all incidences were for “illness”.
You exhausted your FMLA but the employer is writing you up for attendance issues anyway .. due to being gone for health reasons .. If you explain to the state that the employer was well aware of why you were not at work .. it will be fairly easy to get unemployment.
The employer couldn’t do anything while you were on FMLA, but once that was over .. they felt free to pursue discharging you because you were no longer protected by FML.
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