Beth3, cbg and pattytx! Advice please.

[mrstov_n]

What is the name of your state?What is the name of your state?What is the name of your state? IN

Hello,

I have a fairly basic unemployment question.
In the first week of march I approched my manager and asked for some extinsive time off due to a surgery. The total time off was 3 weeks with 10 days of recovery and a 1 week return to work...... then an additional 2 weeks off for time off relating to moving.
The requests were fully approved by my manager and I have signed copies on the line that states "Manager approval".

In the middle of my 3rd week I get a call from that same manager who signed the approval for time off upset that he was having staffing issues and he had forgot that I was scheduled off.

I was fired after over 8 years with this company by a new operations manager, who had knowlage that I had approval to be off (in writing).
Let me make it clear that at no time durring my surgery recovery or my vacation time for moving did they ask me to come into work so no insabordination happened.

I was fired the day I retuned for failing to notify management of my time off.
I appeled to the Distric HH Manager to no avail.

I know that this is not wrongful termination as the law would define it. What I am wondering is my Unemployment case I have filed. On the termination slip it says that I was fired for failing to notify management of my absents so this is a discharge due to rule or policy. Unemployment says I can not recieve benifits if I violated a rule or policy or became unemployed due to fault of my own.

Based on the information (best guess from these facts) do you think I will qualify or win my case? I know that anything can happen but I just would like to know if I have a semi strong case?

Also who has the burden of proof? Do they have to show proof that I violated a rule or policy or do I have to prove that I didn't?


Thank you so much you guys are legal gods and should be attorneys (if you are not already)

 

[Beth3]

"Legal gods" Hahaha. I assure you we are not. Not even close. I do know some really sharp attorneys and I wouldn't call any of them legal gods either (not that a couple of them wouldn't love that.)

Anyway, just to confirm - you have the requests and approvals for the leave time and vacation in writing in your possession?

 

[mrstov_n]

Yes That is correct I have the approval in writing.

When every you need to take a vacation or just want to request a day off (such as a doctor apointment) There is a form that has to be filled out and signed by a manager or direct supervisor. This Form lists the days off, and a general description of why you need the time off. The next step is to present that form to your Manager or Direct supervisor and have him approve it and sign it. The next step is that form is copied and the original is turned in so that the person in the admin office (who is in charge of the scheduling). enters it into payroll so that your vacation time or sick bank hours (depending what you have to use) you get paid for. With me it was 10 sick days that I was paid for and the rest was Vacation pay. What do you think?

Also for the record I have had only one write up in my 7.9 years and it was over 2 years ago for missing a meeting. And, even then it was on a day that was durring my vacation so I didn't go in (I was 800 miles away). That write up, I refused to sign and after arguing it with District human R... They threw it out.



Thanks,!!!

 

[pattytx]

If you have the documentation, you will be in good shape should the employer choose to protest your UI claim. Normally, the party protesting the claim needs to prove their case. If you already have the ruling denying your claim, make sure to follow the appropriate procedures to file an appeal. Good luck.

 

[cbg]

I concur. If you have the written approvals you have an excellent chance of prevailing.

Now, let me ask you a question or three.

1.) How long have you worked for the company?
2.) Did you work at least 1,250 hours in the last 12 months?
3.) Does your employer have at least 50 employees within 75 miles of your location?

 

[mrstov_n]

1.) How long have you worked for the company? "7 years and 49 weeks"
2.) Did you work at least 1,250 hours in the last 12 months?"Yes I have".
3.) Does your employer have at least 50 employees within 75 miles of your location?"Over 450 infact" (there are 5 retail stores with 90+ people at each store)"

 

[Beth3]

I thought of the FMLA angle, cbg, but presumed the company would claim they terminated him for taking the two weeks of vacation time to move. It might be worth filing a claim with the DOL over though; kind of falls into the category of "why not?"

mrstov_n, if you can provide copies of those approved leave and vacation requests to the UC office, it appears this is an open and shut claim. Be sure to keep the orignals for yourself and only give the UC folks copies.

 

[mrstov_n]

I thought of the FMLA angle, cbg, but presumed the company would claim they terminated him for taking the two weeks of vacation time to move. It might be worth filing a claim with the DOL over though; kind of falls into the category of "why not?"

mrstov_n, if you can provide copies of those approved leave and vacation requests to the UC office, it appears this is an open and shut claim. Be sure to keep the orignals for yourself and only give the UC folks copies.

I hope I don't have a problem with this, but my Ex-employer has the originals. I only have copies. It is standard proceedure for the employee only to get a copy. All of my time records are copies too... Admin Office has to retain originals. About a year ago it was a 2 part form with carbon transfer paper, but the store that I work for has been behind on budget that they have been out of the carbon versions since I don't know when so we use the copy machine.

 

[cbg]

I don't see a problem with that. Presumably the employer can be ordered to provide the originals if need be.

You might want to run your situation past the US DOL to see if they feel there has been a FMLA violation. It's by no means a sure thing but as Beth says, it's worth the phone call. The worst that can happen is that the DOL says no.

 

[Beth3]

As long as you have signed copies, I don't see a problem. Just be sure to keep copies for yourself. You'll need those if you decide to pursue the possible FMLA violation angle.