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  1. #11

    Default Re: Fired for an Attendance Policy Violation

    Thanks for the advice people.
    I have an update.
    I was approved for benefits!
    I recieved a letter from unemployment stating that it appears my absences were for sick family members which is out of my control and that i gave proper notice when unable to work and that therefore no misconduct could be found.

  2. #12
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Fired for Attendance

    Quote Quoting dead_onion
    View Post
    I dont have family....my dad is in a nursing home, mom lives 4 hours away.
    I cant have neighbors driving my kids to school, they dont have kids and the ones that do have kids go to a different school.
    Being 5 minutes late doesnt impact my job performance whatsoever; im a nurse in a nursing home. Generally the midnight nurse isnt ready to give me report until 730 anyway, so their isnt much for me to do until i take report.
    In addition id say 25% of the staff comes in a few minutes late. Its always been that way.
    I was basically singled out because the administrator has some personal problem with me.
    And yeah, i typically end up staying over each shift to finish my work...not because im late but because the work load is too much. Most the nurses stay over 30-45 minutes to catch up on work.
    You think being five minutes late to work at a nursing home doesn't impact anything? I worked in a nursing home granted in the kitchen. But my mom, my brother, my sister in law worked in nursing homes. Three of my friends worked in nursing homes. Two of them still work there. Guess what? You **** them over every time you call in sick and can't make it because SOMEONE else has to take up your shift. I know this because my friend has to cover for people all the time who "call in sick." I'm not saying you make it up but some people do. You can't have an employee who never shows up to work. It doesn't matter if she isn't ready to give you report when you get in five minutes late. The fact is that you have a job. You have a scheduled shift. You are supposed to be there. And I have spent a lot of time in hospitals with my daughter and generally the nurses are doing changeover for a good half hour after their shift starts and ends. So yes most nurses aren't leaving anywhere until a half hour after shift but usually due to shift change.

    I don't know what nursing home you work in but that sounds like a cluster and you have been documented with multiple deficiencies. Yeah kids get sick but you have to have a plan for that. You continually show up late and call in sick despite being counseled about it so they have every right to fire you.

    Anyone else who comes in late isn't doing it as much as you are. It's quite possible the administrator doesn't like you. So? There's no law against that.

    What's going to stop you from filing for unemployment? You won't find out if you can get it unless you file.

  3. #13
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Fired for an Attendance Policy Violation

    Quote Quoting dead_onion
    View Post
    Thanks for the advice people.
    I have an update.
    I was approved for benefits!
    I recieved a letter from unemployment stating that it appears my absences were for sick family members which is out of my control and that i gave proper notice when unable to work and that therefore no misconduct could be found.
    Good for you! Remember this situation wherever you work in the future. They do not have to be kind or considerate or understanding about your struggles and what is going on in your family life, can fire you legally for a personal reason, but if you are absent due to your or a close family member's illnesses, the unemployment systems do tend to think those are unavoidable.

    So if you're going to have to be absent from your next job, always make sure the absence is covered by a doctor's excuse. It won't keep them from firing you, if they want to, but it sure will help with being approved for unemployment.

    I also think that you need to begin looking immediately for something new, as unemployment insurance will not last very long and once you run out, it is gone, regardless of how much you need it or whether you have found a new job. It'd be good to find something with hours and location that you can get to without having to be tardy, though you do not need to tell that to the unemployment system but do take it into consideration when looking for those new jobs. As another poster pointed out, being tardy all the time is something that will really make you unpopular, regardless of why.

  4. #14
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for an Attendance Policy Violation

    I'm glad to hear it.

    However, just to make sure it's clear, that does NOT mean that the employer was wrong to fire you or that you have any kind of legal claim against them.

  5. #15

    Default Re: Fired for an Attendance Policy Violation

    Of course not. The letter basically said they were justified in terminating me but it wasnt due to any blatant misconduct on my part.

  6. #16
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Fired for an Attendance Policy Violation

    Remember they can appeal that decision.

  7. #17

    Default Re: Fired for an Attendance Policy Violation

    My former employer?
    Why would they? It seems like UIA sent them a form to fill out and they did.
    The letter stated that it appears i was fired through violation of attendance policy through no fault of my own.
    Why would my employer fight?

  8. #18
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for an Attendance Policy Violation

    Because it costs them money when you collect UI benefits.

  9. #19
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Fired for an Attendance Policy Violation

    If this is a first decision, they could appeal. After the initial appeal, either party can appeal and has the right to do so. However, if the claimant had a medical statement for the last absence and called in to report it appropriately, and that was the reason for the claim's approval, it wouldn't be much of a good use of the employer's time to appeal, there's not much of a shot that the decision will be overturned. As I said, the unemployment system as a whole tends to regard absences with a medical excuse as unavoidable, even if there have been previous absences and the claimant is under warning of termination.

    Every time the former employee receives unemployment insurance, the costs of this claim are charged against the tax account of the employer. Each employer pays in tax on every employee who works for them at a certain rate. When someone draws unemployment insurance, it causes the employer's tax rate to increase. They do not like that. Therefore, the employer does not get to decide whether the former employee is approved to receive benefits or not.

  10. #20
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Fired for an Attendance Policy Violation

    In my state and the states I have to argue appeals in (mostly the South) the progressive discipline and the previous warnings the OP mentioned would get the him disqualified most of the time. An attendance points system would do it 100% of the time.

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