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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Exclamation Got Fired for Misconduct (Excessive Absenteeism Due to Sick Calls) Denied Unemploymen

    My question involves unemployment benefits for the state of: NEW YORK

    3 weeks ago I was fired from my 3 year job at a hospital due to excessive absenteeism. I have a chronic medical issue that is being treated with various different medications. My doctor is still in the process of testing which medications work best to treat my condition. I missed work 12 times in one year because of said issue. I let me workplace know I was sick and was constantly visiting my doctor. I turned in doctor's notes. I even went to work sick and had to rush to the ER for it about 4 times. I was warned I'd lose my job if absences continued but I couldn't control my health. I applied for unment and was denied by my employer. I have proof of every single visit to my doctor(a timeline written by my physician with detailed diagnosis and perscriptions.)
    I received forms from DOL to fill out my explanation of "misconduct". I haven't heard from them yet and was wondering what the outcome could be. The more I stress out about this situation the worse my health gets. The day of my termination I was told I shouldve filled out a Hartford form indicating my condition. And my employer told me "but now its too late, you shouldve filed before you got fired" I had NO idea, everyone knew I was sick and no one ever told me this! Please help. What are my rights? Thank you!

  2. #2
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Got Fired for Misconduct (Excessive Absenteeism Due to Sick Calls) Denied Unemplo

    Quote Quoting cna1828
    The day of my termination I was told I shouldve filled out a Hartford form indicating my condition.
    What is a "Hartford form"?

    Also, your illness may qualify as a "disability", meaning the American's with Disabilities Act would kick in.

    Maybe you could get a free consultation with an attorney specializing in ADA cases. You ought to be able to find quite a few of those, since that can be a lucrative area for them.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Got Fired for Misconduct (Excessive Absenteeism Due to Sick Calls) Denied Unemplo

    I think FMLA is more likely than the ADA. Nothing in the ADA requires that an employee be allowed unlimited absences, but FMLA would protect at least 12 weeks worth.

    cna1828, how many employees does your employer have within 75 miles of your location?

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