Have Legal Questions? Ask a Lawyer Now.
My question is regarding being denied unemployment benefits by TN Dept of Labor code 50-7-303. I submitted a detailed question prior to this posting explaining my situation. Did you receive? I think it was lost because I also had a question regarding your terms/agreement that I couldn't view. Anyway, previous explanation was detailing that I worked for small dental office as RDA, had to be out of work for 5 days in January because 2 year old daughter was admitted to hospital for week in critical condition with pneumonia and RSV virus, and then sent home with oxygen. I had to stay with her in hospital for 5 days and was out 1 day after release so oxygen could be setup at home. My mother was then able to stay with daughter. Gave employer written excused absence. No problem was expressed, just concern for my daughter. Approx. 3 weeks later daughter was admitted to ER during night for severe stomach virus/ dehydration. Was not released until next day. Missed one day. Gave employer written excuse. My mother was then able to takeover care of my child so I would not have to miss work. I was given no verbal or written notice there was a problem with these two unfortunate absences. In fact, I was given bonuses for exemplary employee and bonuses for reaching our office goals as part of the office team. I am a single mother and this was a huge surprise to me to be suddenly fired. I filed for unemployment benefits on 3/11/13 and received denial letter today with right to appeal. Letter stated claimant was discharged from employment for unacceptable attendance. The employer had warned the claimant about violating attendance standards. Final incident was due to tardiness. I was not tardy. I do not have a copy of employer's attendance policy. I understood 3 unexcused absences were basis for termination. Do I have any legal recourse? This is my first RDA job and I regret not keeping my own records. I did not keep copy of written excuses from hospital, just turned into office manager. Do I have a right to request records from employer? I worked hard for this dental office and even attended educational courses after hours without compensation. Please advise what legal recourse I have and how to appeal denial of unemployment.
I just received the letter today from TN Dept of Labor today denying unemployment benefits and I have 15 days to appeal. I don't know the best way to proceed from this point. I have not requested a copy of my employment records from my employer and I was not under contract with him. Should I ask for my employment records from my employer? I'm sure if my employer just provided TN Dept of Labor with attendance record it would automatically appear there was an attendance problem. But with my situation with hospitalized toddler, I was hoping they would reconsider. The dentist I worked for praised me for being such as good registered dental assistant, especially for my first job, and has advised me he will give me a high recommendation. I believe I was fired in large part due to the office manager at the dental office, which is neither here nor there. I just really need to know how to provide evidence to the Labor Board that this was a medical situation where my toddler was in ICU, I'm a single mom, I'm looking for work everyday, and I need this unemployment help until I can find another job.
That is good news.
So I should call the dentist and ask if I can pick up a copy of my records?
The letter from the TN Dept of Labor said there will be a hearing. I cannot afford an attorney. I should just be prepared with what I have stated here. I don't even have copies of excuses as I turned them into the office manager.
Okay. Any other documentation you can advise that I bring to hearing? I believe the employee handbook stated something like days missed because of illness of family members were not excused. Would hospitalization of child be considered legally as an illness?
Okay, thank you. I understand more about it now and it cannot be said I did anything with reckless disregard for my employer. It was just very unfortunate circumstances. Thank you for your advice.
Yes, I will rate excellent service. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).