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"Discharged" and worried about unemployment benefits

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cj78

Junior Member
What is the name of your state? Connecticut


Hi all,

I am just looking for your opinions on this; everyone is so knowledgable here. I've been looking through the forums for hours but am still a wreck about this whole deal.

My husband (D) was working for a company for about five and a half years and got discharged with pink-slip last week for missing time from work.

He's got a phone hearing coming up on March 10th. I am a nervous wreck about it for a few reasons.

His boss has been aware of his few medical issues (documented migraines since practically birth) and the fact that he regularly needs to see his doctor. I'm sure it's been noted in his file years back. He was given a written warning last year about missing time because he had used up his sick time (he wanted to use his vacation time and that was denied - every year he saves up his vacation time in fear that he will need it later on).

The most recent incident happened Feb. 18th and 19th. Two days were taken off. He had seen the doctor on the 18th and delivered the note on the 19th. They accepted the note with "Allright, you're all set...thanks. See ya on Monday." (D actually tried to work on the 19th but the doctor's note suggested an extra day missed from work)

Monday came and went fine; he worked a full day. Tuesdays are his scheduled day off (for the past few years). Wednesday he worked for about 3 hours until getting called in and being told he was being fired.

Since I'm sure you all are expecting me to defend his side... :) ... he mentioned, during the quick "pink slip" talk on that Wednesday, that he didn't know why he was being let go if there were co-workers of his who missed many, many more days (in which they readily admit to it and are actually surprised that they let D go instead of them). He did have doctor's notes for many of the times he needed to miss - his doctor can vouch - and he notified work each and every time.

This was totally unexpected on my end. Would anything at all help him in his defense here? Obviously this must fall under the company's absintee policy. And the fact that he missed these days, I know it doesn't look good on his part.

When he did leave with his pink slip, since everyone really liked him there, they [the bosses present at this meeting-type thing] left under good terms, although D was still in shock about it all. D said "what do I do now?" and they said "you collect unemployment until you can find something else, it'll be alright". I read that the company doesn't have any control over that [who collects and who doesn't], so they were probably just saying that as advice. The company will still try to defend themselves during the unemployment hearing though, right?


Wow, I'm so sorry this turned out to be so long. There's probably only a few sentences in this whole story that's worth much I realize.

Thanks in advance for reading this. I really appreciate it.

take care,
C & D, a 5 year old son, and a ton of bills to pay.
 


Beth3

Senior Member
I read that the company doesn't have any control over that [who collects and who doesn't], so they were probably just saying that as advice. Employers do not decide who does and doesn't receive UC benefits - the State does. Employers have an opportunity to challenge eligibility of a claimant with the State.

The company will still try to defend themselves during the unemployment hearing though, right? Maybe. It depends on whether the company wants to raise an eligibility issue with the State. They could just decide to let it go.

If you're asking what the odds are of your husband being able to collect UC, I don't think anyone here can even hazard a guess. I have yet to see any consistent basis in my own State on eligibility when someone is discharged for excessive absenteeism so I sure can't make a call for yours.

All your husband can do is apply and go through the process and see what happens. If your husband has medical excuses for many of the days he was absent, that increases the likelihood that he will be eligible for benefits.
 

cj78

Junior Member
Thanks so much Beth3 for your reply - it's appreciated. And thanks also for giving me something to think about ~ your sig file. How true.


Take care,
C
 

cj78

Junior Member
Darn it... sorry for the extra posts. I wondered this right after clicking "submit" on my last post.

Is this an insane idea? One of my husband's co-workers, who readily admits to missing many more work days within the last 12 months (the number is almost doubled from my husband's actually) and has worked there for less time, might be willing to draft a letter and sign it, so my husband can use it during the hearing.

Sounds like an act of desperation, I know that. But everyone is just surprised that my husband was the one let go, when others weren't.

In your own opinion, would doing this be a waste of time? Could this affect the other man's job? (If so, we absolutely won't do it.) The hearing is by phone, and I am so afraid of the ex-employer fighting back and us being totally unprepared.

Any opinions or advice you can share when you have the time would be most happily appreciated. Thanks, and sorry about all the questions.

C
 

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