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Worried in Maryland...

Last year I was written up for saying something in the way of.... Why am I getting all these Spanish calls can't people pick the right language? I DO NOT recall saying this but I signed the paper anyways. It was a final written warning. That was in the summer of 2009. So yesterday my mom went to the hospital for a heart attack. I start work at 10 am my supervisor doesn't come in to work until after 1 pm. No cell phone are to be out in the work area. My cell phone was in my desk, at about 10:15 i had this feeling something happened. I looked in my desk and I had a text message from my dad to call him.
I logged myself into break and called him from my desk phone. He said I needed to come home they were going to do open heart surgery. Anyways I go tell a supervisor I got a text message and have to leave I tell her about my mom. She says to me, you got a text message? I said yes. She said, you know cells phone aren't allowed this is an issue. I said, it was in my desk.
She said I will talk to your supervisor.

I have not been fired yet. Something is telling me it is coming. I have felt it for months now. Things have been weird at work. Based upon what you have experienced do you think I could get unemployment because of this?
When I go to work tomorrow should I write everyone's name down that I know have had cell phones out? I want to be prepared once I am escorted out I can't get back in.


I don't know because I'm missing the information that would help me answer your question and then my answer would only be an opinion about the probability that you would get benefits.

The first question to you would be .. what's the rule about cell phones? How does the employee handbook tell you it will be enforced. What is the progressive discipline policy for general rule violations?

Second question, do they allow you to use them during breaks?

Third question, does the employer enforce the rule "uniformly"? (only because you mentioned getting names of others who apparently get away with it.)

Yes, right the names down, but document on the termination notice what happened and present the information that what you did was not intentional, but an inadvertent oversight and that you have not received any warnings at all about this.

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by: Anonymous

I work in a bank so phones aren't permitted to be out because most of them have a camera feature and they don't want any personal customer information getting out. I will look and see what what the disciplinary action is on it when I get in today.

Yes we are allowed to use them on break but we have to be away from the work area. It is supposed to be the same for everyone but I can tell you that I have seen cell phones laying on desks people texting or having them go off because they forgot to turn them off.

I am worried because I feel like I have been targeted. There were some changes and they are down sizing because they don't need all of us. Nothing I do seems to be good enough. I am not the only one that is feeling it. So I know its not just me. Thanks for any help :)

The truth is you and others might be targeted for "downsizing", but that fact alone won't help much if you are discharged for breaking a "known rule".

But leaving a cell phone on once might be seen as an inadvertent mistake .. and not rise to the level needed to be "willful misconduct" so the possible consequences for a one time oversight to shut the phone off could be important to you .. not to mention that others leave their phones out in the open and also forget to shut them off .. which of course would be helpful if you could at least find a way to show this to the state as "fact".

Let me know what happens.

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