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Old 05-24-2010, 11:05 AM
 
1 posts, read 3,471 times
Reputation: 10

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I was let go from work after being fired and my company has filed an appeal. I was fired for missing too many days, due to being sick and my father being ill. I didnt opt for FMLA because the missed time would really mess up my monthly bonus, which is part of their guidelines for continued employment., They did give me warnings, but I had to miss work due to illness and my father's illness. The warnings were given like 2 weeks apart and then i was fired. What are my chances to win this appeal?
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Old 05-24-2010, 11:10 AM
 
Location: Minneapolis, MN
10,244 posts, read 16,390,191 times
Reputation: 5309
Quote:
Originally Posted by Colette50 View Post
I was let go from work after being fired and my company has filed an appeal. I was fired for missing too many days, due to being sick and my father being ill. I didnt opt for FMLA because the missed time would really mess up my monthly bonus, which is part of their guidelines for continued employment., They did give me warnings, but I had to miss work due to illness and my father's illness. The warnings were given like 2 weeks apart and then i was fired. What are my chances to win this appeal?
If the employer fails to show up to the hearing you'll automatically win. I'd say if they show up to the hearing and provide sufficient documentation you'll likely lose but it's definitely worth fighting. I'd also contact the Company's Leave of Absence dept and explain your situation and let them know that you were unaware that you had to contact them about an FMLA leave per Company guidelines and if there was any way you could get job restoration and get the absences excused with a retroactive FMLA leave. If you were eligible for a federally protected leave and they failed to go through the correct process in administering that leave you may have grounds for legal action. You'd probably want to get that checked out with an attorney but contact the Company first to see if they are willing to do anything about it.
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Old 05-26-2010, 07:47 PM
 
5 posts, read 11,058 times
Reputation: 13
I wish you luck; I had a hearing with an unemployment judge (this was conducted over the phone in May 2009), along with my former employer. The judge ruled in my favor, and I was able to collect unemployment. I've had some of the same issues that you have had; health issues, and the like. In fact, I'm currently unemployed, and I've been looking for work for several months. Thank God for unemployment. Again, best of luck to you...
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Old 05-26-2010, 07:54 PM
 
5 posts, read 11,058 times
Reputation: 13
Addendum to previous post: Do you have documentation from your former employer of the disciplinary action that you received re: your attendance? That will definitely help your case if you do. I did, and I was able to fax over the documentation to the employment judge prior to the hearing. That definitely helped my case...
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Old 07-17-2010, 04:27 PM
 
1 posts, read 3,193 times
Reputation: 10
i was fired two months ago i filed for unemployment and the former employer sustained the i was forcing documents and i never did when he was aware of any situation before of after any decision right now he filed an appeal to cut my benefit for unemployment i have my hearing coming soon and i need to know what to do i still not have a job and have not being hire because his allegations please need advise
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Old 07-17-2010, 09:43 PM
 
Location: Moved to Gladstone, MO in June 2022 and back to Minnesota in September 2022
2,072 posts, read 5,068,206 times
Reputation: 886
Id say fight it, like Slig said, if they don't show up you automatically win.
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Old 07-18-2010, 11:15 AM
 
Location: MINNESOTA
1,178 posts, read 2,709,365 times
Reputation: 505
Quote:
Originally Posted by Colette50 View Post
I was let go from work after being fired and my company has filed an appeal. I was fired for missing too many days, due to being sick and my father being ill. I didnt opt for FMLA because the missed time would really mess up my monthly bonus, which is part of their guidelines for continued employment., They did give me warnings, but I had to miss work due to illness and my father's illness. The warnings were given like 2 weeks apart and then i was fired. What are my chances to win this appeal?
Quit crying like everyother unemployed American and go find a damn job, it's not that hard.
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Old 07-18-2010, 11:17 AM
 
Location: MINNESOTA
1,178 posts, read 2,709,365 times
Reputation: 505
I never understood why people complain about being fired. Like they are entitled to a job. Employers don't care about you or your life as long as you just show up and get the job done with as little problems as possible. If you do, then you're gone, simple story.


This recession would be over by now if all these lazy people would get off the couch and go work. I have a job. I found a job in this recession and it wasn't hard at all. Of course you're not going to find a dream job in the best location with the best hours with the best boss, but just go to work and stop being a damn bum
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Old 07-18-2010, 01:32 PM
 
229 posts, read 574,099 times
Reputation: 164
Kid Cann - Where did you find this job? I would love to be working and send out resumes daily. Unfortunately, I have a lot of experience and am older and they are hiring kids.

Let us know where these jobs are and we'll apply for them.
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Old 07-19-2010, 03:17 PM
 
7 posts, read 14,960 times
Reputation: 12
Quote:
Originally Posted by Kid Cann View Post
Quit crying like everyother unemployed American and go find a damn job, it's not that hard.
Spoken like someone that truly knows little! Our politicians have sold
us all down the river by signing all these "free trade" deals and shipping
our jobs to Mexico or overseas. Numbers don't lie Kid.
To the OP: Give it a try and see. As long as you don't find a judge
with as little sympathy as the Kid, you may win ;-)
pc
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