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Ok, everyone has their story. Here is mine. So I have been employed by a company (contracted by state of Texas) since May 7th, 2013. I had nearly perfect attendance since starting my employment. I used to live an hour away from work with my boyfriend and his family. We were living with them til we got on our feet. In February 2014 we found a place about 20 mins from my work. With the help of a roommate watching our child, we were doing well. In April 2014 said roommate found a job and a place to live. Although very tight, we could afford day care. My boyfriend works 80 hours a week and sleeps less than 15 hours a week and I work 40 hours a week. Our son's day care is close to our home, which is 20 mins from work. They send him him home for the smallest things. Things such as diarrhea, fever over 100.5, running nose, etc. I am called to get him at least three days out of the month, on a good month. Our son has to be picked up. Dad can't do it, I have to. No family or friends nearby to help us. I have been giving the proper warnings at work, following their policies to a t. I informed the attendance officer of my situation and explained the exact reason for my absence each time, but my employer does not allow you to provide a drs note unless you miss more than one day in a row. I cannot help my situation. This is completely uncontrollable. He doesn't have drs notes for each time bc it's mostly just petty stuff. I do have some from when he has been legitimately sick and for two times I have had to leave for a medical emergency of my own. I am over termination in attendance points and am waiting for the "legal department" to finalize my termination. I was not informed that I could final for fmla until after I was already over termination status in points. His day care is ready and willing to provide paperwork proving that the state policies and procedures require pick up of my child. My question is if I can use use this documentation when filing for unemployment, and do you believe it may be possible for me to collect unemployment on these grounds?
You haven't been fired yet. Apply for FMLA. Make copies. You have to make sure that if you get "discharged," you want to appear as blameless as possible. Attendance is not an issue I'd want to try to fight, but when you throw in that you were trying to get on FMLA, that really goes a long way to making your employer look unreasonable rather than you just didn't care enough to salvage your job.
I understand what you are saying about fmla, but I would have to take off even more to take him to the dr to get them to fill out the information for it. Also, I just (in July) added him to my insurance, so I have to find a new dr. I, myself, do not have a primary since I haven't actually needed to see a dr for years except for my emergency situations that came out of the blue. However, I will look into fmla further. I have not technically been walked out of building, but they have already told me the process has been started and I will lose my job in likely the next week once the "legal" department finishes their paper work. And I have not abandoned my job. I have done everything in my power to keep my job. We cannot afford to have an unemployed parent.
I am asking about the paper work from his day care. Would the documents from his day care showing all of the dates I have had to go get him hold up in the eyes of unemployment?
Maybe, but you can get that stuff later in the event you have to appeal.
The thing is your employer may be bluffing. I can give you a real world example. This woman I know with legal issues applied and lied about her past criminal activities. After working at the place for three months, the corporate office finally figured things out. They mailed her a letter telling her that she needs to call an 800 and self terminate. I told her to make them do their own dirty work. That was 2 months ago and she's still there.
Your employer may be playing a similar game. Trying to make you quit under the guise that it will look better. They don't need legal to do squat. They can fire you whether you went over the attendance limits or not. They are holding back for a reason. Maybe you're more valuable to them than you realize.
I already questioned this... So thank you for pointing that out. I work for a place that fires people all the time. It seems every other week someone else is getting the boot. I just assumed I was the next in line. They keep telling me that it never takes as long as it has. I am a great employee, I'm sure that makes a difference. Minus my attendance issues the last few months, my stats are damn near perfect. This will be the first time I've been fired from an employer, and I'm just tryin to get all my ducks in a row before they say I have to exit the building.
Now that someone else has mentioned them holding off for a reason, I will definitely see what I can do about fmla to save me in this one. Thanks again!!
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