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I recently was fired because for 5 days in a row I had a cluster…

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I recently was fired because...
I recently was fired because for 5 days in a row I had a cluster headache (these are worse than migraines, they are also called suicide headaches because they last for days or even weeks sometimes and the pain is unbearable) I called in 4 days and on the 4th day my manager called and left me a voicemail saying I had to have a doctors note to return to work, I did not have one because I have had these headaches for years and a doctor couldnt even prove I had a headache and there really isnt much treatment aside for what I was already doing. On the fifth day I did not call in the morning because quite frankly without a doctors note I was afraid I would be fired for that, although I did plan on calling in and trying to explain before the day was over (I was working up the nerve and I still had the headache), our office closes at 5 and my manager works usually until 9:00 P.M. at night. I didnt get that far, my manager called me a 4:00 and left a message saying I was terminated. I filed for unemployment and they are challenging it stating misconduct. I was an excellent worker and had a good attendance record, I had never been written up or verbally warned about anything. My question is should I go ahead and fight them with the appeals process or is plain that no matter what I will not win.
Submitted: 8 years ago.Category: Employment Law
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Answered in 2 minutes by:
6/27/2010
Employment Lawyer: AlexiaEsq., Managing Attorney replied 8 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13,637
Experience: 19+ Years of Legal Practice in the Employment law arena.
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Stephanie O. Joy, Esq. :

Dear jacustomer,

Sorry for your troubles here.


 


And Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.


 


That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me, in numbered answers if I ask more than one question:

1. Do you live and work in OK?
2. How long ago was this?


 


I look forward to getting to work on this for you. Hang in there!


 


 


Sincerely,


 


S. Joy, Legal Expert



Please note: I do not provide legal advice, only legal information; I do not legally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.



At times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I’ll be back the next day, so never fear.


 

Customer:

I live and work in Oklahoma City, I was fired on 6/9/2010

Stephanie O. Joy, Esq. :

My answer just disappeared. Let me try this again.

Stephanie O. Joy, Esq. :

First, yes, I would fight the appeal.

Stephanie O. Joy, Esq. :

While you should have smartly kissed up and gone to the doctor so you could get a note/record from him indicating you were there complaining of headache, you may be able to use your medical records where you are diagnosed with episodic cluster headaces, and they are recurring. Since you have a diagnosis, clearly you've been to your doctor and have documentation, so get all those records, including your prescriptions over the last few years showing how you take XX med for it. Also, if you have them, show any over the counter meds receipts.

Stephanie O. Joy, Esq. :

Also, get notarized statements from those that cared for you while you were incapacitated. Who ran to the store for you? Do they have receipts showing tylenol? How about soup? Whatever, you get the point. Then, make sure they will testify if this goes to hearing.

Stephanie O. Joy, Esq. :

Also, be prepared to explain why you did not call on day 5. It could be that your boss made clear that if you didn't present a doctors note on day 5, you were terminated. She made clear calling out as per co. policy was not enough for day 5. So you didn't think you were to bother her ifyou didn't have a note. Because you were too incapacitated to get to the doctor, plus the fact that the doctor can do nothing and only advised bed rest, you could not and did not go.

Stephanie O. Joy, Esq. :

Point is, you dutifully called in each and every day when sick, until she told you not to, that you needed a note now.

Stephanie O. Joy, Esq. :

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert’s credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!






I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks



Sincerely,




S. Joy, Legal Expert


 


 


My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.


 

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