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Fired for Absenteeism and Frustrated..

by Larisa
(san diego, ca)

I had been working with my employer for a year as a medical biller /coder. When hired i had no experience. I did billing for approx. 5 physicans with help from boss. They constantly hired new physicans which increased my work load. I asked for help and complained and I was told its coming. When I was hired I wasn't giving any policy and procedures or set work hours.

Last month my boss told me he was deducting an hour out of my check for lunch even when I wasn't taking one. I wasn't told it was mandatory until then. I knew the work load was to much when I was unable to do the the other parts of my job. It was impossible for one person to do my job. I was fired because of absenteeism. If I was absent it was because of my kids being sick and as a single parent I had no choice. I often took my kids to work with me if they weren't throwing up or contagious. We didn't get sick or vacation time so it would be a loss for me. I would often work on the weekends or later on other days so my work wouldn't suffer. I want to know what my rights are I was never written up before I was fired.

Hi Larisa,

Your right is to file an unemployment claim stating discharge for unacceptable attendance being the reason given by the employer, the one with the burden to prove the absenteeism was work related misconduct.

Then when you are called by an EDD claims adjudicator to gather details from you, tell them you were never provided with an employee handbook outlining an attendance policy, nor did the employer ever write you up for attendance issues thereby warning you further absences would put your job in jeopardy.

And finally, I hope you can at least prove the final instance of being absent was because a child was ill.

This is why asking doctors for notes verifying a child or yourself were seen and documenting any special order from the doctor ..

Focus on the cause given for the termination by the employer .. that is what their burden to prove misconduct should be all about, therefore you mentioning how bad the workload had become and how it was affecting your performance .. is irrelevant .. unless the employer brings it up at some point as the actual cause.

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