Threatened With Termination for Attendance Issues
My question involves unemployment benefits for the state of: Virginia
I have worked for a hotel for 3 years now. I haven never been written up before, and have never had issues with attendance. Unfortunately over the last 5 months I have had unforseen issues, ranging from new to me migraines, veterinary emergency, and another medical complication. It hasn't been like I'm calling out every week. I've missed one day each month, which is a lot for me I suppose. Maybe I'm wrong, but it doesn't really seem like a case of "excessive absenteeism". Especially when over the past three years there have been people who call out just about every week and are still employed. Anyway, the other day I got written up for excessive absenteeism. On this "Employee Counseling Memorandum" it lists the days I've called out, and the reason for one of them (which I think is really the reason for the whole write up). The last time I called in I was walking out the door and my 20 year old cat was lying there on the floor motionless and very sick looking. I know the normal company policy is to call in at least one hour in advance, but I couldn't just leave her lying there, so I called the vet and then called my job. Well the next day I went to work and my boss called me into her office. I figured it was about calling in so late, and I was going to be alright getting a warning or whatever. But she had this thick pile of papers, listing the 5 days in 5 months that I have called out, copies of the schedule, and on the "memo" it says next time I call in for any reason, I will be terminated. I held my cool while in the office with her, I told her I understood the policy and all, but that I felt that after only one write up threatening termination seemed a bit unfair considering all of the people that call in on a weekly basis with no consequences. She informed me that how she handled other employees was none of my concern. And I just nodded. She also told me I could refuse to sign the papers if I wanted, so that's just what I did. I went about my day, a little upset but not worried because it's not like I'm planning on calling out for no reason, etc. Well today, she called me in again telling me she was adding an addendum to the write up stating that I was on a 90 day probationary period where I could not call out for any reason within that 90 days. Again I mentioned it being unfair considering other employees, and again she said how she handles others is not my concern. I also asked her what to do if I came down with the flu cause she got mad at me 2 years ago for coming into work with the flu and not calling out and sent me home. She said we'll cross that bridge when it happens. I said alright. Well now I've been stewing on this whole thing. I think she's treating me extremely unfair and I'm wondering if it has anything to do with some past issues.
When I first started working here the policy was employees were forced to make up cash shortages out of their own pockets. I knew that was illegal and I guess I was sort of a whistle blower on the thing, and she issued a memo stating she can no longer force people to put money in the drawer but that if there are cash shortages and we dont put the money in there we face termination (which was pretty much the same thing in my opinion), but I let it go cause my drawer was usually fine anyway. A bit later on, I had issues with a male maintenance man who had recently also become a manager on duty. This guy was also her right hand man pretty much and an insane brown noser. They are very buddy buddy. Anyway, he was being kind of inappropriate in the work place. Calling me sexy, trying to massage my shoulders, grabbing other employees butts, and making crude sexual jokes. Eventually I got to the point I couldn't even work with him and we had somewhat of a blow out and my boss got involved. She handled the situation disasterously. She actually called him into the office while I was trying to tell her why I was uncomfortable, which made me even more uncomfortable. And that was that, she tells him not to do it anymore, and walks away from it. Didn't follow company policy about reporting sexual harassment claims whatsoever until I complained about that too. Then she contacted corporate and tried to follow company procedures. Another thing, however I can't prove it with hard evidence, is she always seems to favor black employees, and kind of treats white employees worse. It's some sort of weird reverse racism. But I don't know.
Anyway, I don't know if I should feel discriminated against, or if this sounds fair to an outside set of eyes. I've always been one of the top desk clerks, I always get high guest scores, and am complimented on my job constantly. I have copies of guests surveys, and certificates for doing a good job to prove this. And again I dont understand how one day a month for 5 months is excessive compared to some other employees being out every week. I'm rarely late, and my track record for attendance really doesnt seem that bad for 3 years. Also, she has never asked for doctors notes or proof of anything to consider these unexcused absences. She never warned me previously or ever had an issue till the one day I called in at the last minute. My question, can she terminate me after just one write up on the issue? If I do get sick for some reason and do legitimately have to miss a day, and I'm in fact fired, would I stand any sort of chance of getting unemployment? I'm not looking to be out of a job, but I'm all of a sudden paranoid and feel like she's looking for any reason to let me go. I also am guessing my 3 year review that's coming up in 4 days is going to be poor and reflect this recent happening more than my normal performance and feel my raise will suffer as well.
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