Fired for a Sleeping Disorder - North Carolina

by Brett
(Raleigh, NC)

I had started missing work due to a condition that is called Chronic Fatigue. My job was a temp job and my bosses and managers at the temp job knew about my condition and did their best to help me. The HR lady at my temp job started to get a little frustrated, understandably, and called the temp agency and they spoke with me about it and had asked me to contact them each time after that I was late because of this condition. With Chronic Fatigue, there is no cure, no diagnosis and no way to really prove you have it. The doctor simply assumes you have the illness. The day I was fired, I was scheduled to be at work at 7:30 and when I didn't show up, the temp agency wrote me an email asking not to come back. When I woke up after my alarm going off for nearly 5 hours, I called her right away and she told me not to return. We then discussed the matter and both felt that a first shift job was not suitable for me given I have a problem getting out of bed each morning. I was always a hard worker, showed great enthusiasm in my job and did my very best to make it their on time. I am not sure how to appeal this or if I even can, but I have not found another job and I am now starting miss payments and not be able to buy proper groceries. Any suggestions?



Hi Brett,

Were you denied unemployment benefits?

If so, what did the determination say?

Has the temp agency been able to provide you with suitable work per your conversation about a different shift?

And if you were denied, when is the appeal due to be timely?

And Brett, Chronic Fatigue Syndrome can be diagnosed because there are people with this condition, who receive SSDI. http://www.disabilitydoc.com/chronic-fatigue-syndrome-and-d/

If you would please answer the questions above, I might be able to point you in a viable direction.

Chris

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Sleep disorder advice
by: Anonymous

I also have a sleep illness called narcolepsy . Once u become employed apply for FMLA this will protect your job and by law they have to accomidate u with extra break ect .Some people even take naps during the day . Have a sleep specialist who supports u .

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Appeal for being denied because of sleeping disorder.
by: Chris - webmaster:)

Okay Brett,

The only thing you really have is your health condition.

Do you have medical documentation? Was it ever presented to anyone?

Here's your problem, as I see it. You were the employee of the temp agency. When you began having difficulties getting to work you should have addressed the possibility of another shift at that time, but when the client company called the temp agency and they became aware of your medical issues .. that discussion you had about different shifts should have occurred at that time ..

I'm not quite following the state's reasoning for denying you benefits. You informed both employers of your medical condition .. sleep disturbance is a symptom of your illness so how can they find fault for behavior although detrimental to the employer, is beyond your control .. because it is a symptom of a diagnosed illness.

It may very well be because your condition has not gone on to be determined a disability in your case .. or maybe you can't provide medical documentation .. which really is crucial, but nonetheless, with some medical documentation and testimony underscoring your inability to control the symptom .. it might work.

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RE: Fired for a Sleeping Disorder - North Carolina
by: Brett

It stays that under the section "Conclusions"

It says:
"N.C.G.S. 96-14(2) provides an individual shall be disqualified for benefits for a period of not less than four nor more than 13 weeks if it is determined by the Commission such individual is unemployed because he was discharged for substantial fault on his part connected with his work not rising the level misconduct."

This is my first time dealing with things, so I am confused to. Hope that helps.

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RE: Fired for a Sleeping Disorder - North Carolina
by: Brett

It goes as followed:
"Claimant is disqualified for benefits beginning 3/1/09 and ending 5/2/09.

Reasons:
Claimant last worked for (Company) on 2/12/09. Claimant filed an NIC Claim effective 3/1/09 which has been continued through 4/4/09.

Claimant was separated from this job due to unsatisfactory attendance and failure to properly report the occurrences. The claimant failed to call or report to work as scheduled on 1/29/09 and 1/30/09. Claimant was counseled regarding similar behavior. The final incident occurred on 2/11/09 when claimant called in at 11:00 am to report an occurrence and he was scheduled to report at 7:30 am. Claimant suffered with a sleeping disorder and was diagnosed with Chronic Fatigue. Claimant advised the employer of his condition on numerous occasions."

If I remember correctly, I did contact my job on both days stated. I had also been extremely exhausted from not sleeping due to the stress of fear of not making it to work on time and lossing my job.


So, exactly where does it state what you previously said it did .. specifically "It also states I was discharged for misconduct connected with the work and I was discharged for substantial fault on my part connected with my work not rising to the level of misconduct.

This is the part that makes no sense .. if you were denied unemployment.

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That unemployment determination made no sense to me
by: Chris - webmaster:)

And let me tell you why.

"It also states I was discharged for misconduct connected with the work and I was discharged for substantial fault on my part connected with my work not rising to the level of misconduct."

The last part "NOT rising to the level of misconduct". What is up with that?

I would appreciate it if you would verify what it says exactly .. it should say something like "you are disqualified from receiving unemployment benefits because ..."

The statute states:

For the duration of his unemployment beginning with the first day of the first week after the disqualifying act occurs with respect to which week an individual files a claim for benefits if it is determined by the Commission that such individual is, at the time such claim is filed, unemployed because he was discharged for misconduct connected with his work. Misconduct connected with the work is defined as conduct evincing such willful or wanton disregard of an employer's interest as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer.

The determination takes into account a diagnosed medical problem of which you did make the employer aware of. The condition itself is what you are claiming made you late to work .. and they find you substantially at fault??? and then say it does not rise to the level of misconduct and then deny benefits???????????


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RE: Fired for a Sleeping Disorder - North Carolina
by: Brett

Yes, I was denied benefits. The determination stated I was separated due to unsatisfactory attendance and failure to properly report the occurrences. It states that I failed to call or report to work as scheduled (because I slept through my alarms). It then says I was counseled regarding similar behavior. And then it goes on to say that the final incident occurred on "date" when claimant called in at 11:00 to report occurrence and he was scheduled to report at 7:30. It states I suffered with a sleeping disorder and was diagnosed with Chronic Fatigue. Says I advised the employer of my condition on numerous occasions.

It also states I was discharged for misconduct connected with the work and I was discharged for substantial fault on my part connected with my work not rising to the level of misconduct.

The temp agency did not provide, nor try to provide suitable work.

The appeal is due on 4/30/09. I have been trying to research how to help my appeal work all month.

Yes, I do realize they can "diagnose" CFS, the way it was explained to me was it is simply by eliminating other possible causes. Sorry for the confusion.

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