View Full Version : Getting Fired and Unemployment


pittguy578
08-29-07, 11:18 PM
I was wondering..can you get unemployment anytime you get fired as long as it's not gross misconduct? Here is the reason I am asking
I have had a bunch of tardies and now I am on final warning for what I think is a BS reason.

Last Tuesday I was sick but went to work..I was throwing up and well had the skitters really bad. I could not keep down any food and even threw up at my desk in the garbage can. The manager said I could go home. I then went to the doctor..I was diagnosed with gastroentirisis. I faxed the doctors excuse to the manager which gave me a two days off. I was not feeling well.I kept on puking when I tried to eat and kept on having the runs..sorry to be graphic..that last through Thursday...

I thought I was covered with a doctors excuse..my manager brings me into the office this week and said I am on final warning for calling off. I said I was ill and had a doctors excuse, and I NEVER had trouble with calling off.
So basically I am on another 90 warning for attendance and the only thing that could save my job if I am sick is a serious medical condition.
I think this is BS..I had a valid medical excuse., I asked the HR lady today if there was anything I could have done to prevent having this counted against me..she said probably not.

I should have just came into work and pooped my pants and then got sent home. I feel like I am getting the shaft here..my employer has burned any bridge they have had with me. If I get fired because I am late..for a "valid" reason such as being sick..can I get unemployment?

blink
08-30-07, 12:13 AM
I'm thinking this issue varies from state to state. So currently living in tx, I don't think I could give you an answer. My instinct is that you could collect unemployment for getting fired for sick days, tardies.
I have worked a job like yours. Where the management/owner's idea of a well run operation is running everyone into the ground and making them miserable. If you didn't have ADD this job would be hell, but since you do it is that much worse.
Good luck, whatever ends up happening with this job. Hopefully, you can get a job before this one comes to an end.

lunaslobo
08-30-07, 10:05 AM
I think it also has to do with how long you were working and if your employer has insurance.

FightingBoredom
08-30-07, 10:19 AM
I think working for someone else in general sucks and you should tell your boss to byte a big one. But that's just my own CYNICAL opinion...based on hating my job and commute and just life in general at the moment.
But this is not about me...ahem....back to the point:

Did you follow the rules?

If yes and he is giving you crap about it--go to HR. If not, start coming into work early until he eases up on you.

If that doesn't work--start coming into work at least an hour before anyone else is there and start screwing with his stuff. Practical joke sort of stuff.
Like fake barf on his desk or spray fart smell on his chair.
Then leave and come back 2 minutes before your shift as though you had never been there.

pittguy578
08-31-07, 08:28 PM
Ha I would do that stuff..she is actually really nice..

She just does stuff by the book. I would not want to be mean to her or barf
I should have just come into work the days I stayed home and pooped my pants and barfed on the floor and acted like nothing happened and they would have made me go home..

Imnapl
08-31-07, 08:51 PM
Where I live, you can't collect employment insurance if you are fired unless you can prove wrongful dismissal.

Tinkerbell3
09-15-07, 11:07 AM
My former employer broke a law that I could have sued their asses off. I told my boss and the woman in HR (I liked her a lot, she was so genuinely concerned about me unlike the rest of that craphole) about how I was ADHD and bipolar. I felt comfortable enough about it. That wasnt an issue. The issue was that I asked my boss if I could do 9-6 instead of 8-5. She let me do it but it was only for a few weeks. I had explained that it was because of change in medications and the adjustments.

The company was large enough that an hour didnt make a difference (funny my boss had this girl working under her that she knew from outside work, I think she was the girl's teacher, and she had her own schedule to accomodate her other job). The request was reasonable, and yet she demanded I go back to the 8-5 schedule.

Then all hell broke loose and the 'performance improvement' crap started again. Damn my boss for saying 'you seemed to be fine when you weren't on meds'. Just so many things wrong with how it all went down. They are lucky I dont want to be bothered, but the next person in my situation WILL. They have no idea how fricked they could be. Honestly. But they put my status as volutary resignation or something. But I still got unemployment. In my state I also get reimbursed for health insurance I pay to COBRA. Make sure you go to your state unemployment website and read EVERYTHING on it. Thats what I did while before the day the woman called to evaluate my eligibility. The employer has to agree to pay their portion as well. THAT is where people might be getting screwed. I wish you best of luck. : )