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misconduct for absences of uniform, reasonable and known corporation policy

by Matt
(Northwest IN, IN USA)

I was let go a few days before I was to get insurance for my family.

Here is the story, I worked 15 years for a company that closed. I immediately went on unemployment. I never had health issues or was in absence trouble with this job. After not having insurance for my children for 3 months, I got a job at another mill. This mill is known for being dangerous with many OSHA violations and going through workers before the 90 day cut off but, I thought I could tough it out for the sake of my children's health.

I worked there for 87 days. On the 90th day, I was to get insurance. For the first month and a half, I worked on the right side of the mill. Then the mill had an explosion on the left side of the mill that OSHA is investigating with 5 men injured. I was then moved to the left side of the mill. Within 2 weeks, I lost my voice due to chemicals and the working conditions and I had pneumonia. My work supervisor sent me home after I blacked out on the job and told me I couldn't be there with my health. We would have to go outside in 15 below weather and then go into a blast furnace for 2 minute increments to clean it. The furnace is sooo hot that we often caught on fire. I was burned three times in one month's time. My voice did not come back and in less than 3 weeks, I got sick again and the doctors put me on antibiotics where I couldn't work. I called my work to report my illness and they told me that this was blast furnace day. I was unable to work and the doctors told me that they thought I had a hole in my trachea. I was fired at this point. Less than 1 week later, my shift of 5 workers who were cleaning this same furnace had an explosion and 2 died while the other 3 have 3rd degree burns over 70% of their body. This would have been me. OSHA is investigating them again!!!!!!!!!!! Now, I am being denied unemployment. Shouldn't I still be able to receive due to my prior job and I don't think this job was reasonable when 10 employees in 1 1/2 months were killed or severely injured.

Hi Matt,

I would think you should be able to collect unemployment .. in fact it's not making sense what reasoning is being used to deny your benefits.

Appeal and if your illness or the hole in trachea was caused by the work get file a worker comp claim .. maybe you would be wise to call some worker comp attorneys as well.

Don't waste any time thinking about it .. just do it.

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