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I worked at IT Cosmetics in Jersey City, a subsidiary of
I worked at IT Cosmetics in Jersey City, a subsidiary of L'Oréal from May until October and was discharged on 10/29 per an employee. The incident arised from being arrested on Wednesday 10/24. I was initially advised by NYPD that I'd be late to work so I texted my team lead informing her that I would be late. Afterwards I was incarcerated and unable to call anyone to advise of my current status.My cellular phone was taken and I don't have a memory of direct contacts to reach out to.I was taken to Manhattan Dentention center and housed there for (5) days. Thursday 10/25 that evening I didn't get a PIN number to dial out until approximately 8:25 and the phones in the jail shut off at 8:45. Friday 10/26 we were on lockdown due to an incident within the jail so we could not leave our cells the entire day. Saturday 10/27 a coworker of mine searched for me and found where I was located and came to visit me and post my bail for $650. She advised me that the initial team were worried about me and one immediate manager but HR and others in management assumed I quit and had already made a new schedule without me on 10/26. I advised her to make management aware on my behalf as you can only dial locally from the Manhattan Jail phone and a call to NJ was impossible, due to the lack of phone use.I was released on Monday 10/29 and advised by my coworker that I no longer had my job.I reached out to my immediate manager to get an update about my job but was never responded to.I emailed HR for IT and L'Oréal but didn't receive a response about an investigation until 11/1. I'm scheduled to have a call with the head of HR on 11/7.It was already presumed the day of on Wednesday 10/24 by HR as per my entire team that I was alleged to had quit the job and I have proof from text conversations. No one from HR reached out to me to check on me or advise of job status and on 10/29.As per the NJ and NY law an employee must be absent (5) consecutive work days to be considered to have abandoned the job.Also, I missed Wednesday 10/24, Thursday 10/25, I was scheduled to be off on Friday 10/26 and to work Saturday 10/27 and Monday 10/29.I was advised that the new schedule was sent without me on 10/26 and a meeting was held on 10/29 that I no longer was with the company.I had the meeting on 11/7 with the head of HR but no one advised of the status of employment. What can I do? Do I have a case? … read more
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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).

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