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I was fired from my part time job at a grocer. I only worked there for about 3 weeks at that point, and went off unemployement to work there, even though i was making less. I had to miss work due to having to go to the emergency room. I spoke to my manager beforehand, who told me it would not be an issue if i missed that day. The ER I had to go to was over 45 minutes away ( i am a disabled vet who was medically discharged last year at the age of 25 due to a combat injury). I showed up at my next shift, a few days later, with the drs note and spoke to my manager who indicated no issues. however, about halfway through the shift, i was pulled into her office and told i was being let go because of the absence. I was floored and very upset. I went to the unemployment office, where i refiled my claim but was denied. my appeal hearing is set for next wednesday. I sent in evidence from the emergency room stating that I was seen on the day I missed work and my diagnoses, but its the only evidence i have. Anything else I should get? Any advice?
OK, you need to clarify something here. You told your manager (and he agreed) that you'd miss a day of work (got it) but, then you say that you didn't go back to work for a few days. That's really the issue here, right? They expected you the next day but you actually didn't go back for 'a few days' - doctors note or no doctors note. You can't whip the doctors note on them days later. i.e you had it in your hand -- did you fax it to them????
The administrative judge will want to know what/why/when/how/exactly what was said to your employer during that 'void'. I believe that's what the issue is here. If no contact was made or an agreement made to take those days off, then your employer had the right to let you go and has a good case against you.
I don't know what state you're from but in California, your hearing will be a 1:1 affair with an administrative judge in his/her office. No family members, children, witnesses, etc. wlll be allowed in the room during the hearing. You will be sworn in and recorded. Your paperwork will be reviewed and you will get a chance to make your case. Be precise. Have your dates/times and what was said with you for an accurate timeline. (assume you're going up in front of Judge Judy on a bad hair day - these people don't mess around) The administrative judge will make the final ruling on your case and you should have their ruling within a week. Their decision is final.
Best of luck to you -- keep us posted on how it goes!
OK, you need to clarify something here. You told your manager (and he agreed) that you'd miss a day of work (got it) but, then you say that you didn't go back to work for a few days. That's really the issue here, right? They expected you the next day but you actually didn't go back for 'a few days' - doctors note or no doctors note. You can't whip the doctors note on them days later. i.e you had it in your hand -- did you fax it to them????
The administrative judge will want to know what/why/when/how/exactly what was said to your employer during that 'void'. I believe that's what the issue is here. If no contact was made or an agreement made to take those days off, then your employer had the right to let you go and has a good case against you.
I don't know what state you're from but in California, your hearing will be a 1:1 affair with an administrative judge in his/her office. No family members, children, witnesses, etc. wlll be allowed in the room during the hearing. You will be sworn in and recorded. Your paperwork will be reviewed and you will get a chance to make your case. Be precise. Have your dates/times and what was said with you for an accurate timeline. (assume you're going up in front of Judge Judy on a bad hair day - these people don't mess around) The administrative judge will make the final ruling on your case and you should have their ruling within a week. Their decision is final.
Best of luck to you -- keep us posted on how it goes!
no. I was not on the schedule for the next few days. It was only a part time job, and althouh I was promised between 20-30 hours, I was only given 10-15 a week. I gave them the note the next time I as scheduled to work, in which i showed up, as scheduled, and gave them the note. They said thanks and glad I was feeling better, than had me work. I worked about 3 hours of my 5 hour shift, and when I finished the biggest task I was working on, thats when they called me back into the office and told me I was being let go.
I am in Indiana and have a phone hearing on Wednesday. Fingers crossed I can win. The money sure would help around the holidays, and its not easy finding a job as a disabled vet!
"Employment-at-will" means that either the employer or employee can terminate the employment relationship at any time, with or without cause, with or without notice, and regardless of the manner in which wages are paid.
In other words, just as you are free to quit a job at any time, an employer is free to terminate your employment at any time.
There are just a few exceptions to this: for example, an employee cannot be terminated for refusing to violate a state or federal Law, a state or federal Constitution, or professional regulations or codes of ethics. Also, if the employee has an employment contract with terms that do not allow termination at will, those agreed-upon terms take precedence over the freedom to terminate at will.
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