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Fired for not calling in.

by Heather
(santa rosa, ca)

Hello.


I reside in Ca. I was very sick for a week and called in every day. I was asked to get a Dr Note which I did. Only I have kaiser and they are kind of vague. The dr faxed it in to my work. I received a call Friday afternoon and was told that I needed a detailed handwritten note or I could not come back. It was already 4 oclock. There was no way I could get one by Monday. I emailed my Dr and explained the situation. On Monday I was still violently ill and could not go get the note. I was sick all the rest of the week. On Wednesday I get a call from HR telling me I was let go for job abandonment. I have the Dr note now. Is there any hope?


Hi Heather,

It's iffy. If you had called in on Monday, Tuesday, and Wednesday I'd be less hesitant about saying, yes you'll probably get unemployment.

But there is also the issue of the employer insisting on a handwritten detailed note from the doctor even though one was already faxed to the employer and the fact that you were told you could not come back without one. A person could take that a number of ways.

The weakness in your case is the fact you did not call in for three days. That is job abandonment, irregardless of the fact you were sick. Saying you were violently ill on Monday may be plausible for a compelling reason not to call in, but then you have Tuesday and Wednesday to explain.

Why didn't the doctor fax in the handwritten note, he faxed the other one, there was really no need to go and get it and deliver it to the employer. The state is going to be looking at this stuff and asking questions about those three days. They will want to know if you have ever received any warnings regarding attendance, etc.

Your best bet is to focus on the fact that the employer would not accept the first note and insisted on an additional note handwritten by the busy doctor...with details, the lateness of the request by the employer and the fact that you were violently ill on Monday.

If you lived a different state..let's say TX. I would not hesitate to tell you your chances are extremely doubtful, but since you live in CA, maybe, but just maybe.

Oh, and if you do get unemployment, don't go spending the money too fast. My guess is the employer would appeal a reward of benefits and you would need to prevail at the hearing also to keep them. If you don't, the next thing you'll receive is a determination of overpayment. Ugh!!!

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