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if fired for missing work for sugery is unemployment available?

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posted on Jul, 28 2016 @ 10:33 AM
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a reply to: TinySickTears

Hi TST...how are you? The wording in most unemployment claims is telling. This is close, though may not be the same wording everywhere.

One can get denied if fired if your employer states it wasnt his/her fault, and the wording following that you were fired for "no attributed cause to the employer"...in other words...not their fault.

Heres where that gets tricky: if he/she answers the claim that it's not due to them...you get denied. If they provide 1 reason...or several...and you contest them...they always have that one blanket phrase that clears them of all responsibility:

Somewhere in their hiring you and everyone else is that "at-will employment". Somewhere in all that..for you and for me...is a clause something like one can be left go for no reason at any time.

So? Fight for wrongful termination? They come up with a different reason. Contest that? They come up with a second reason. Contest that? They come up with you/me can be let go at anytime and for any or NO reason. Thats THEIR call...Fighting it or to get compensation or to get your job back..can be a long and painful experience you may not win even.

And how does one live and pay the bills while youre waiting for the denial for benefits to come down? Once, twice, three or four times...when in the end they can say when you were hired, your employment agreement we all sign day one...says we understand we can be let go for no reason at any time.

Believe me...they will play that card with you...I wish you luck....MS




posted on Jul, 28 2016 @ 10:34 AM
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originally posted by: stonerwilliam
threatened to go on strike which saw him quickly replaced .

good luck



i talked to some people about doing this because it fell through. not just his attitude but pay cuts for some. wage freezes for others. bonuses gone. week long 'furlows' each month for others.
i wanted to organize a walk out but right away i saw that not everyone would be on board. i get it. they have people that depend on them.
i figured if everyone walked out they would have to listen. i was talking walk out with reasonable requests like we want our yearly raises. nothing crazy that a company just cant do.
i just dont think it will work if everyone does not do it



posted on Jul, 28 2016 @ 10:36 AM
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a reply to: mysterioustranger

you make good points.
this company and the GM are exactly the kind of people that would do it.

they do shady # all the time.
he has had people falsify mill test reports.....huge no no's and he #ing beats people into submission



posted on Jul, 28 2016 @ 11:04 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.




Not making fun of your idea, but man. Talk about a headache

edit on 28-7-2016 by slapjacks because: I can't spell



posted on Jul, 28 2016 @ 11:08 AM
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a reply to: TinySickTears

I wouldnt have explained it that way if I didnt have some personal experience here...going further? Yes. You could cry "medical or disability" discrimination...or pursue all the avenues I mentioned...and STILL. The bas---d can always say all his employees know they can be let go at anytime and for no reason.

Would you want to win and get some $$$? You might win. You prob. won't. Would you like your job back with back pay? That prob will put you into a worse-than-before work enviroment. Do you want that?

I sure would go..( and please dont do it because I mentioned it...do it for you once thought through) and file for wrongful termination lost wages etc...and not even get your old job back....just PAY you what you lost.

Philosophically speaking here between you and me TST? I'd look at it as its your chance for change. Better things for you and yours. A chance to shine, improve, grow and get farther into your future.

Somewhere in all of this is a pretty good reason for you to either be done with that boss-from-hell...or stay with the chains and abuse...

Best of luck dear...dont let anyone tell you what to do...or what you should do. You have a chance for better here....
MS



posted on Jul, 28 2016 @ 11:24 AM
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a reply to: TinySickTears

I have seen what a toxic work place did to friends of mine who both worked for supermarkets in the uk so you have my sympathy , they both went from happy go lucky people to miserable all the time due to their work , one left and one got even with some help from work friends and the threat of a undercover television reporter with a hidden camera
.

www.ebay.in...:g:vBgAAOSw-KFX ef6Y

www.ebay.in...:g:nkIAAOSwAL9Uk P~R

just a couple of ideas that you can get in America to maybe make work life more tolerable for you , if i worked somewhere like that i would be looking for a accident to happen and to sue , maybe some sexism ?.

I think i missed my calling in life with the dirty tricks brigade .
.

i had a problem with a government office and a bill that was forced on me that should not have been as i did not claim benefits but was still due a rebate which they refused to give me .

After a year of wrangling about this i visited my member of parliment across the road from this office and explained to him the Ladies who made this decision are both gay and do not treat women this way so i have a case for sexism and would like you to speak to a reporter about this or it may have something to do with my Jewish surname maybe they are Anti-semitic , when i told this man i was prepared to go full retard and hand cuff myself to one of those Ladies just to prove my point , i think they realised i was not playing with the full deck of cards and things magically were fixed after only a few days compared to over a year playing by the book .


Dont get mad get even ,

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



posted on Jul, 28 2016 @ 01:31 PM
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a reply to: Flyingclaydisk

Ah...I see. I knew that they contacted the employer (obviously), but I didn't realize that the first step is denial and THEN you have to fight it. That kinda sucks for people with jackass employers, but at least there is an appeal process.



posted on Jul, 28 2016 @ 02:27 PM
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originally posted by: Flyingclaydisk
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).







That's what I mean though. I'm not saying that HR is your special friend. They suck, but the manager isn't usually the one who can up and decide to terminate. That's HR for just the reasons you mention.

If HR clears you to have something done and be out and you get it all doc'd properly the way HR says and you CYA done up with them, then the manager is the one who should be out of line unless there is more to the story and HR should be the one to step in on the manager's toes to protect the company because you did exactly what their crappy rules said and you ought to be able to prove it.

That being said, if you get HR to overrule your manager's irate @ss, I'm not sure it would be worth it.



posted on Jul, 28 2016 @ 04:12 PM
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originally posted by: bigfatfurrytexan
a reply to: TinySickTears

FMLA. You need to have your doctor complete FMLA paperwork ASAP.


FMLA leave is unpaid. As I read the post, the guy is worried about getting paid.



posted on Jul, 28 2016 @ 04:21 PM
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originally posted by: F4guy

originally posted by: bigfatfurrytexan
a reply to: TinySickTears

FMLA. You need to have your doctor complete FMLA paperwork ASAP.


FMLA leave is unpaid. As I read the post, the guy is worried about getting paid.


if you don't have time, you don't get paid. FMLA or not.

If he's worried about getting paid, then the answer is "talk to your benefits accrual specialist and see what your personal leave balance is".



posted on Jul, 28 2016 @ 10:13 PM
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a reply to: Vector99

Actually, in some states it is legal to voice record as long as one party consents.



posted on Jul, 29 2016 @ 07:40 AM
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a reply to: TinySickTears

"Employment at will" state or not has nothing to do with collecting unemployment. Something egregious like intentional destruction of company property, punching another employee or job abandonment could keep you from collecting unemployment - this is none of those.

As for the GM, sounds like hostile work environment, which is definitely a no-no, and should be addressed with HR first, then the state ifno change is made (eitherin his behavior or employment status.)



posted on Jul, 29 2016 @ 07:42 AM
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originally posted by: NewzNose
a reply to: Vector99

Actually, in some states it is legal to voice record as long as one party consents.


This is true, I meant to comment on that as well. Some are both parties, some are just 1. In those states, as long as one party to the conversation consents -and it could be oneself if one is the subjected of the verbal attacks- its legal and admissible.



posted on Jul, 29 2016 @ 02:24 PM
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a reply to: dogstar23

things could not have went better today.
i thought i was going to have to deal with his # but he was pretty cool. asked me how my head was. told me to keep it covered but i do not have to wear my hard hat as long as i stay in the middle warehouse. told me to be careful and take it easy and that was it.
totally not like him.

his woman flies in from joburg next week so he might have been in a good mood. i am hoping once she is here and he can get oral on the reg he will become somewhat human



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