Yes, there were days like that too in the past. During the last 30 days of my employment (the probation period), I was late 2 days that were not FMLA tardiness. During the probationary period, I had 8 FMLA days out sick, 3 FMLA late days (advance 1 hr. notification), and 2 late days (by about 5 mins.) One of those days were probably due to my illness only, the other due to public transportation issues & my illness.
The referee did not ask that question specifically.
Honestly, I am sick every day-some worse than others. I have had HIV for 23 years.
Also, the employer, the HR director specifically, made a statement in their phone interview with UC service center prior to the hearing which was "He took advantage of the situation." Isn't that retaliatory or discriminatory in nature or something like that??
Thanks for your reply! I do have a couple more questions:
Do I need to get a lawyer involved to submit a legal brief or can I appeal with the details that were left out as I did for you here? I read that it's not required, but increases my chances cause an attorney could cite precedent cases in PA. One precedent that I've seen often is that "Illness, properly reported to the employer does not constitute willful misconduct." Brown v. Unemployment Compensation Board of Review, 854 A.2d 626, 629 (Pa. Cmwlth. 2004). So I think I have at least that one to prove my case.
I find it a little disturbing that the referee barely mentioned my medical condition, the actual medication I'm on, and its side effects. As if it was a minor thing or like it didn't matter. In fact, i remember him saying that it's (oversleeping as a specific side effect) not on FMLA request form. This was not the FMLA Certification he commenting on--it was the request form. So, in his mind, it's not written down so it's not a side effect of the medication I just spelled out for him?? Clearly, he's not an expert to make such a ruling.
My other question: I should mention the quote from the HR director in their telephone interview to the Board too, yes?? I don't see how my evidence can be interpreted as taking advantage of the situation.
The EEOC and ADA claims I intend to file as well, thanks for that!! Friends of mine suggested I do that a couple months ago, but it wasn't until I saw her statement that I felt that their firing me was a response to time I took off in February. I was out from Feb. 5, 2013 and returned the following Monday, Feb. 11th and was fired on the 12th.
Timing might be an issue for the UC Board appeal to get an attorney involved since the deadline is 5/13/13, but ill see if I can find someone tomorrow. I also contacted the Unemployment Project for help when I got my initial hearing info and they said they arent taking on anymore clients this year until the fall.
Although filing one is optional, do you have suggestions as to where I can look for examples of a PA legal brief?
Thanks again for your all your help!!! I really appreciate it!!
Ok, great I will do that.
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