DO I HAVE A CASE?

greenspun.com : LUSENET : Law Of The Workplace : One Thread

I WAS TERMINATED IN JULY, 2003 BECAUSE I WAS ABSENT FOR FOUR CONSECUTIVE DAYS DUE TO ILLNESS DURING MY PROBATIONARY(90 DAYS)PERIOD. DATE STARTED 2/2003 TO 7/2003. ON 7/2003 I WAS STRUCK WITH THE FLU SO I CALLED IN SICK FOR FOUR DAYS IN A ROW. UPON MY RETURN TO WORK I WAS FIRED BEFORE I CLOCKED IN. MY EX-EMPLOYER ASKED WHY I DIDN'T CALL IN ON ANY OF THEESE DAYS.I SAID I DID BUT HE DISAGREED AND SENT ME ON MY WAY.

I APPLIED FOR UIB AND RECEIVED THE BENEFITS AND HE ASKED FOR AN APPEAL. WE WENT TO COURT FOR A HEARING AND I WON THE CASE DUE TO THE EVIDENCE SUBMMITED BY THE OFFICE MANAGER DURING AN INVESTIGATIVE PHONE INTERVIEW. ON THE FINAL DECISION I RECIEVED IN THE MAIL, IT STATES THAT I WAS FIRED FOR MISSING FOUR CONSECUTIVE DAYS DUE TO ILLNESS AND NOT CALLING IN. THAT WAS MY EX-EMPLOYERS TESTIMONY. IT TURNS OUT HOWEVER, THE OFFICE MANAGER HEARD ALL FOUR MESSAGES ON EACH DAY. I CALLED IN TO NOTIFY EACH MORNING, EVEN THOUGH, THERE IS NO SET POLICY AND I WAS ABLE TO KEEP MY BENEFITS.

DO I HAVE A CASE? IF SO,IS IT TOO LATE TO FILE FOR A CASE NOW?

-- ADILSON MARTINEZ (JOSUEM@EARTHLINK.NET), May 05, 2004


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