excessive absences

by Emily
(Illinois)

I was fired May 4th for excessive absences. I had been sick since April 24th, and followed all of the call in procedures, having daily contact w/ my supervisor via email. On April 30th I received a UPS letter from my employer stating I needed to speak directly with my supervisor before calling in, and if I was unable to do that then I was to notify of my absence before the beginning of the work day. I was also told I would need a Dr. note before returning to work. I confirmed that the following day w/ my supervisor the following day via email that I would need a Dr. note before I returned. I was unable to get into to see my Dr. until the next Monday, the 4th. I let my supervisor know that on the 4th (before work started). I recieved my termination later that day. I have filed for unemployment in IL. And am supposed to have a phone call w/ the UE office next Tuesday. What are my chances of getting unemployment?



Hi Emily,

I need to ask some questions first.

What does the employer's policy state about the need for Dr. notes?

Have you been disciplined prior to this instance?

Did the employer give you a time limit to supply the Dr. note?

Why, if you had been sick for a week had you not already gone to the doctor?

Please don't take offense of the questions I ask. Because of my experience I most often ask questions from a devil's advocate point of view. I find this necessary to do, because when a person is fired .. it is the employer who has the burden of proof .. It's easier to help you when I have more information about what the employer has or will try to prove.

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by: Anonymous

I was fired for performance issues in relation to a new position, but I learned today fron the unemployment office that "excessive absenses" was also noted as a reason. I was shocked. My absences were related to a major auto accident and major back surgery related to the accident. I had to take several separate sick days due to pain over the past six months. What do I do now?



Hi,

Evaluate the burden the employer must meet to prove .. that the absences from work were within your control and therefore, work related and willful misconduct.

Decide how you might be able to puncture the burden should an appeal hearing be the result of an appeal

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