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if fired for missing work for sugery is unemployment available?

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posted on Jul, 28 2016 @ 08:09 AM
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originally posted by: Vector99
a reply to: TinySickTears

You have a bad boss. Unless your boss is the owner of the job you work for you can EASILY handle this situation.

First, go get yourself a pocket recorder, not your cellphone, but an actual recording mic. They are inexpensive and can record for a much longer period than a phone would.

Second, make sure to video record every interaction with your boss on your phone or another method of video recording.

Third, get testimony from your co-workers on cam (video or audio) of the issues related to this boss.

Last, contact your HR department with the above recorded and tell them you are in contact with news organizations for a story on how the company treats its employees. Don't forget to record that as well.

If nothing changes, contact your local news department, your story will get aired.



seriously?
that your boss is an arse is not news
(i would record interactions though)




posted on Jul, 28 2016 @ 08:16 AM
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a reply to: ketsuko

HA!!! HR is a JOKE!!! Human Resources has ONE purpose, and one purpose only....protecting the company! This is why the name was changed from "Personnel" to "Human Resources" back in the early 90's. It depersonalizes everything, and focuses on "resources" as if they were a commodity (which is exactly how business views employees, despite what they may say). HR has exactly ZERO interest in looking out for the wellbeing of the employee, aside from risk management, insurance liability and general liability.

That said, you are correct in saying that most companies defer separation to HR. They do this simply to mitigate their risk. The HR folks know all the laws regarding separation / termination, and it is their responsibility to protect the interests of the company above all else (else they get terminated themselves).



posted on Jul, 28 2016 @ 08:18 AM
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a reply to: acackohfcc

Most of it is inadmissible in court.

If a crime has been committed that's a different matter (and even then many times it's inadmissible), but in a civil matter not a chance.



posted on Jul, 28 2016 @ 08:19 AM
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originally posted by: ketsuko
I feel for you.

Usually, the HR department is more in charge of this than the managers where I've been. They can recommend, but HR has the final say. So if the HR has said you are good, shouldn't they know the rules better than your manager?


not in this company. the GM has final say on everything.
this dude interviews people for departments without HR or the department head there then tells them so and so starts tomorrow. he totally runs the show.

these guys are old money. the guys that own it come from the richest family in south africa. they were all silver spoon born into money with all the apartheid # going on around them. they grew up working in and running companies as per south african ways of doing things and they still operate that way.

i searched the GM online a bit ago and he has 2 wrongful termination suits against him. he refuses the union.



posted on Jul, 28 2016 @ 08:20 AM
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Ill repeat it once more to make sure it was recieved: FMLA. That is your protection. If you have a doctors note, it means nothing. You need to do the due dilligence, and get the FMLA docs on file.



posted on Jul, 28 2016 @ 08:22 AM
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a reply to: bigfatfurrytexan

i thought FMLA only kicked in only after you were out for x amount of time.?

i will get on this now



posted on Jul, 28 2016 @ 08:24 AM
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a reply to: TinySickTears

The law states you get 12 weeks of unpaid leave per year for certain medical issues related to yourself and/or family once eligibility is reached (Full time for a year). Its a death blow to a management career, but other than that, itll keep your job for you.
edit on 7/28/2016 by bigfatfurrytexan because: (no reason given)



posted on Jul, 28 2016 @ 08:28 AM
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a reply to: bigfatfurrytexan

alternately, you could ask your employer for a 2 week leave of absence. Get the paperwork signed, and your protected for 2 weeks. Its what I advise for people in their first year employment with a company, and therefore not eligible for FMLA coverage.



posted on Jul, 28 2016 @ 08:29 AM
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a reply to: TinySickTears

You're thinking about Disability. FMLA is different. However, for FMLA the employer needs to be a "Covered Employer" and the employee needs to be an "Eligible Employee". Additionally, employees must meet the "Leave Entitlement" provisions and all "Notices"

FMLA works MUCH better for civil employees than private sector.



posted on Jul, 28 2016 @ 08:29 AM
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a reply to: acackohfcc

no wonder employers win so often in unemployment. The average employee obviously just doesn't understand how any of it works.....



posted on Jul, 28 2016 @ 08:31 AM
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a reply to: TinySickTears

Bring him down a peg or two , first find his home address and get a old newspaper and cut words out of it and make him a letter telling him what a pos human being he really is .

Tell him you would rather say it to his face but are left with this action as he does not know how to interact with other humans and is more like a Rabbid dog than a man .

Get a dog to lick the stamp and letter and leave no dna on anything just incase ! look on ebay for a camera watch/glasses or a pen as other posters have pointed out , if not for you for others who are there or will work under him in the future .

Sounds like he gets a performance bonus and is trying to ape what he has witnessed the v/p etc getting away with , a friend of mine was in a similar position with a bullying manager at his work , like you he loved the job ,pay and lived minutes away but put up with years of abuse and mental anguish from a little fat controller as he was called .

The work force ganged up on him recording him and complained and threatened to go on strike which saw him quickly replaced .

good luck




posted on Jul, 28 2016 @ 08:32 AM
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a reply to: Flyingclaydisk

If its a right to work state, the employers policy manual will typically be the hamstring on stuff like FMLA. If the employer has GL insurance or small business loan, they will have some sort of policy manual outlining how personnel matters are handled.



posted on Jul, 28 2016 @ 08:35 AM
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a reply to: bigfatfurrytexan

"If".

Agreed though, but it's a big "If".



posted on Jul, 28 2016 @ 08:39 AM
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a reply to: bigfatfurrytexan

Companies are wising up to the 'less is more' concept concerning elements of the law of late. In RtW states 'less' really is 'more' when it comes to written corporate polices around termination.

If the company has even remotely competent counsel, this is what counsel will be advising them.

They will have gobs and gobs of language around the processes following "cause", but be nearly silent on what constitutes "cause".




edit on 7/28/2016 by Flyingclaydisk because: (no reason given)



posted on Jul, 28 2016 @ 08:51 AM
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a reply to: stonerwilliam

WOW!! LOL!! You actually put some thought into that!!

I really liked the 'ransom note/serial killer' approach! Nice touch!!

LOL!!!

ETA...the more I think about this the funnier it gets!! ROFLMAO!!!!!!



ETA II...Gawd, that is TOO funny!!! I'm gonna' have to go out and buy some magazines today...and have some fun!!! LOLOLOLOL!!!






edit on 7/28/2016 by Flyingclaydisk because: (no reason given)



posted on Jul, 28 2016 @ 09:36 AM
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a reply to: TinySickTears

I had to go on unemployment for about 3-4 weeks when I got laid off from my previous job (that's what happens when the marketing firm puts 90% of its eggs in the basket of community banks and a recession hits).

From what I understand, as long as you didn't quit your job, you are entitled to unemployment. Employers have to pay into an unemployment fund the entire time that you are an employee, and that is the fund from which unemployment comes (at least most of it, if not all).

I'm pretty sure that if you get fired, for whatever reason, you can hit up the unemployment office that day or the next. But, of course, there is such thing as the unemployment office, and they would have the specific answer for your specific situation in your specific state. That's a much better place to consult than ATS for such a matter.



posted on Jul, 28 2016 @ 09:41 AM
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Try being nice to your boss and maybe he will just say it is ok this time. It sucks having people out of work because all businesses need to be cost effective to pay everyone's wages and produce profit. One person being out of work can be a real inconvenience. But the rescheduling was not something you could have predicted.

For surgery employers usually do not complain too much, they do like advanced notice but in this case it may be all right.

If you have missed a lot of work for health related issues, an employer can leave you go and it may not be considered that he is liable for the unemployment. If it is just one or two times and he fires you it can be used against him. I guess I should just say not to go balistic and create a problem. Often anticipation of doom leads to events that make things go the wrong way.



posted on Jul, 28 2016 @ 09:53 AM
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a reply to: SlapMonkey

Not exactly. When a person files, the state sends a letter of contest questionnaire to the employer. If the employer doesn't contest the filing then the employee can collect benefits. No contest is either failing to respond (most common), or responding with no contest. If the employer does contest the filing then benefits are denied. There is an appeal process, but it's an uphill battle for the employee...especially in RtW states.




edit on 7/28/2016 by Flyingclaydisk because: (no reason given)



posted on Jul, 28 2016 @ 10:03 AM
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One other IMPORTANT thing to remember about unemployment benefits is....

Unemployment benefits are UN-TAXED meaning it is raw income. Collecting large amounts of unemployment benefits can create a mammoth federal (and state) income tax liability. Unless you put 30%+ of the benefits you receive away in a savings account the moment you receive them you'll be in for a VERY unpleasant surprise come tax time!

A lot of people either forget this, or don't realize it to begin with.


edit on 7/28/2016 by Flyingclaydisk because: (no reason given)



posted on Jul, 28 2016 @ 10:09 AM
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a reply to: Flyingclaydisk

Glad i made someone lol today , My friend worked for Walmart /Asda uk and i got sick of hearing about this fat controller guy who was making everyones life hell.

All of the last posts tricks were used against that guy and last i heard he had a total change of character after the firm demoted him and put him on day shift , He was a totally different chap with his fellow humans and even started smiling again my friend told me .

I worked construction all my life and managed a few firms and know you do not get the best out of people by being a POS , I used to fill in guys time-sheets who never made work they got full pay at the end of the week , treated them good and they worked hard in return and went home happy and had good pay at the end of the week .

I have been on the other side of the fence with companies that are crap to work for and see the turn over in staff and the un-happiness that it brings as most people do take their work home one way or another .

I still stick to my claim that i know nothing about a letter a former fat controller got , but had he been on a construction site rather than a food distrobution centre things would have been very different for him and rather quickly .

I can only imagine saying to a guy pulling a 12 hour shift on a construction site , one 15 minute break after 6 hrs and no smoking out side that 15 minutes or toilet breeaks , i think i would have my head caved in rather quickly by 90 % of the workforce .

Maybe this is what tinystickytears needs to do get everyone together and fight back , dirty if need be until they see the error of their ways






edit on 28/7/2016 by stonerwilliam because: (no reason given)



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