California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello Michael,I'm sorry to see that you chose to 'shoot the messenger' and give me a negative rating based on my honest and accurate answer to your question. Remember that you should rate me based on the quality of the information I provide to you and not whether it was what you wanted to hear or not.That said, is there any additional information I can provide you with to improve your feedback rating?Thanks and best of luck.
What I would like to know is my best shot at proving that my previous employer doesnt have sufficient evidence to prove that my firing was for neglegent misconduct. Frankly, i do agree that mentioning my grandmothers situtation would help. I know the odds are against me so i need you to give me a more of a clear path that i can take in terms of making a case for myself. I have no intentions on giving up, i have won a case in the past that was worse than this situation but i am not a lawyer and i need some advice as what else i can do to explain my situation with my grandmother and such.
Another thing is that my company had a policy of 4 write ups for performance leading to termination and i recieved a total of 4 for performance yet they decided to let me go for 2 write ups on absences.
If it is required for me to get a 4th write up for absences and i got 2 perhaps they never completed all the necessary steps. Furthermore, my manager refused to take my doctors notice to miss work for being late which shouldn't be counted towards unexcused absences.
Please help me out
My doctors note was for Streptococcal pharyngitits a temporary sickness. But those absences were considered unexcused even though I had a doctors note, which my manager essentially refused to consider and told me she didnt have any use for my note because she wanted to consider them to be unexcused.
You definitely can argue that your absences should have been excused due to sickness.If you can show doctor's notes for the days that you received warnings (or were terminated) that would work in favor of you receiving unemployment benefits, since you could demonstrate that you did not have a pattern of being absent or tardy to work and were only tardy or absent due to illness.It would also help if your employer did have a policy that stated that you needed to be written up four times for absences or tardiness in order to be terminated.(However, this may be unlikely, since it would alter the 'at-will' employment relationship, which an employer is unlikely to do).If this is the case, then you could argue that you did not violate a reasonable employer rule, since according to the employer itself, you did not qualify to be terminated for the number of write-ups due to absences you received.Finally, if your employer has 50 or more employees, you would qualify for FMLA leave (on an intermittent basis) to take care of your grandmother, so you could use that in your favor to argue that your absences for taking care of her should be excused under FMLA.
The FMLA idea is great but a couple questions. I have been with the company for 8 months and was unaware of such a program and I never asked them about it. Can i still use this FMLA to my advantage and if so how should I explain it?
On the other hand, one thing I havent mentioned is that the tardiness has a lot to do with a flawed clock in software that has plenty of errors and it can take up to several minutes just to clock in. I had cut and paste the error that showed up which made it a long process to log in. Can i challenge the tardiness with such evidence?
my assigned start time was 7 am, and i have here in writing that i am actually considered late at 7:08. Furthermore, if i can add another 10 min because of the flawed software can i contest tardiness? For example, if i show up at 7:06 and cannot clock in until 7:16 couldn't i argue that a tardiness in which i clocked in before 7:16 could be questionable?
If i can argue that they are wrong about tardiness then essentially I have one warning that counts and that would be towards absences.
In addition can i challenge the write up on absences because there is no clear information regarding missing full days of work in their operating proceduces hand book?
Ok well i have some good information i can work with here.
Is there any benefit to not signing the write ups because now I have some decent reasons for disagreeing with them?
In conclusion, if you were me how would you go about explaining to unemployment that I was let go for questionable reasons? My goal is to put out an argument that there is not enough evidence to prove my conduct was neglegent enough to be denied unemployement because of the fact that I was taking care of a sick grandmother and that the tardiness can be elimated based on the flawed clock in software.
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