I missed work Friday due to illness. I got a doctors note which was what they wanted. I missed 4 days this year due to my son being sick(he is disabled and gets sick alot). I have gotten doctors notes when they've asked. I got a verbal "talking to" but not told that was a verbal"warning" and nothing written. If I am fired for attendance issues can I fight it saying I was never given an official warning for it and I had doctors notes???
2007-09-02 14:35:27 · 6 answers · asked by Samantha 3 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
You can present your case to your employer directly. Beyond that, government should not make the rules between private companies and those they choose to hire, at least not in a free country. That includes setting minimum wages that liberals love.
Working for companies, while it has it's advantages, can be degrading in a lot of ways, requiring you to present doctors' notes or undergoing discipline sessions like school children.
It's usually best for most of us to strive to be in our business.
2007-09-02 14:42:49 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Where do yo ulive?
In Texas you can be fired with or without cause and no warning is required.
You can sue anyone any time you want, but you might not win.
I would think they would be able to fire you and deny you unemployment if you have missed 4 days for personal reasons. Your son's illness is (sadly) not relavent. Sick days are for when YOU are sick.
Good Luck. If I were you, I would go in and talk to my supervisor and find out. Only he or she can really tell you if these absences have been a problem. They can also tell you what to expect the next time you have to take off for your child, and what they might recommend you do differently.
2007-09-02 14:42:29 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It really depends on where you live, however 5 missed days in a year can be perceived as excessive and you may not be entitled to unemployment. Your best bet is talk with your HR dept. and find out where you stand at this time, most businesses are going to a point system. If you're currently not at risk of immediate termination, start working out a plan with your employer to improve your attendance. Contrary to popular belief employers do not like constantly hire and fire people, it takes money to train new people. Good Luck!
2007-09-02 16:02:13 · answer #3 · answered by John H 2 · 0⤊ 0⤋
Its sad that the values I grew up with have been thrown away and the worthless little punk kids who do nothing get away with whatever they want. In this day and age it is employment at will. Which is good for the brown nosers but for honest hard working folks like us we get screwed. Tell your boss to go f himself and find another job. The job market today don't give a jack about anything but the almighty dollar. Don't believe me, go to any fast food place and watch these worthless kids hold up the counters while you give your order and notice how fast they take your money and are slow on getting your order and then the worthless little punks can't get your order right or count back change. This world isn't for the hard working but the worthless do nothing punks who have learned the fine art of brown nosing. So guess what companies don't get my money. Take Scotts lawn care products for instance. If their employees smoke even if it is there off time away from the company property they are fired. So don't expect anyone to stand up for the hard working little guy cause its all about the money.
2007-09-02 15:02:04 · answer #4 · answered by gonecrazytoday 3 · 0⤊ 1⤋
There are a couple of factors involved.
Depending on how long you have been with the company and how many hours you have worked, you may be eligible for Family/Medical Leave. To qualify, you have to have been with the company for 12 months and worked @ minimum of 1250 hours/in that year. Also, the company has to have @ minimum of 50 employees within a 75 mi radius to qualify for FMLA (Family/Medical Leave Act). FMLA may be taken in a lump sum or it may be taken intermittently. FMLA may be used for a "qualified illness" of yourself or a dependent (e.g your son). Your son's illness, more than likely, is "qualfied illness" due to his disability, but please check into this. Depending on what state you live in, you may have a state variation of the FMLA (CA has the CFRA).
Also depending on what state you work, your sick leave may be used to care for ill/injured family members. In CA an employee is allowed to use up to half of any accrued sick leave (possibly more depending on the employers policy) for their child's illness.
Regardless, state disability and unemployment will most likely provide you with compensation b/c your unemployment is of no fault of your own.
2007-09-02 19:50:41 · answer #5 · answered by socialism_for_the_soul 2 · 0⤊ 0⤋
Look into The Family and Medical Leave Act (FMLA) - you may be protected from being fired if you took to time off to care for your child's health ...
from the Department of Labor website
http://www.dol.gov/compliance/laws/comp-fmla.htm
The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave.
The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor
2007-09-02 15:32:34 · answer #6 · answered by Piggiepants 7 · 2⤊ 0⤋