I was working erregular hours and forget to clock out for lunch

[rudygee]

I was working irregular hours and forget to clock out for lunch

What is the name of your state (only U.S. law)? California) After 8yrs of working 60hrs or more per week . I asked to upgrade my current FMLA during the time i was initially told to quit using my FMLA right and just ask for a day off. Upon my continued efforts to pursue my right to FMLA for complications during my wife pregnancy which turned from normal to High Risk , I was fired , this was the first time my employer sought to enforce the policy I violated, ( failure to clock out for lunch on two occasions ) . Both times i was working an irregular shift , and both were during the week i learn my child may not survive my wife was 8 months pregnant at that time.What is the name of your state (only U.S. law)?

 

[pattytx]

I asked to upgrade my current FMLA during the time i was initially told to quit using my FMLA right and just ask for a day off.

Huh??????

What medical condition was the FMLA originally approved for, yours or your wife's? How much time had you taken off related to that FMLA leave?

How's the baby?

However, firing you for forgetting to clock out for lunch twice, although legal, seems really really petty. Have you filed for unemployment?

 

[Banned_Princess]

The word is IRREGULAR...... I hope your not a teacher of any sort.

 

[Alex23]

The word is IRREGULAR...... I hope your not a teacher of any sort.

Nor you. The word is you're.

 

[pattytx]

Nor you. The word is you're.

Good catch, Alex23.

 

[Banned_Princess]

touche' you're right...

 

[commentator]

Now, the question....what about the question? We really need to know what is going on with the FMLA. Because even though they have never applied the policy before, the company can apply this policy and fire you.

You need to file for unemployment benefits. And be able to provide the information about where it says this in the handbook, had you had any previous warnings about it, did you know your job was in jeopardy if you forgot to clock in again. I'm betting not, and that you'll stand a pretty good chance of being approved. Especially if this is all tied in somehow with your FMLA and absences, yet that was not the reason they chose to terminate you. Fill us in.

 

[rudygee]

The FMLA was originally approve to provide care for my wife during her pregnancy because when we first find out that we were expecting a baby the doctor told us that the baby might be in the tubes and suggested for me to apply for FMLA in order to attend to my wifes needs. I went ahead and ask one of my supervisors about FMLA and he said go ahead apply but I don't know how to do it you gonna have to wait until the senior supervisor comes back, because the company recently implemented the use of a kiosk to inquire apply for FMLA and other benefits. Finally the senior supervisor help me apply and I got approved but there was a problem with the dates of approval, they didn't consided with the dates our doctor suggested. When I applied through the kiosk it ask me for what dates I was applying for I chose a random date because my supervisor told me to do it because I could always go back and change it.(THATS WHEN MY NIGHTMARE STARTED). I tried over and over to adjust the dates but later I found out on my own not through a supervisor or any one in the facility. I had to contact an off site HR representative to explain the rules to apply for FMLA thru the kiosk. After understanding how the kiosk works HR and management refuse to make changes to my attendance record. I would missed 4 days a month or sometimes half a day of work, until we found out that the baby wasn't in the tubes but after good news there's bad news. Later we found out that in one of the blood tests came back inconclusive and the doctor suggested more tests and refer us to an specialist, which meant more doctor visits. He diagnose my wife's pregnancy normal to high risk. She needed to be seen 2-3 times a week sometimes twice a day. I contact the HR representative to let them know my wife's situation and their response was that if I tried to adjust or apply for FMLA for the same reasons I would be denied and to stop abusing the FMLA.
Thanked GOD our baby girl is fine.
I already applied for unemployment but got denied.

 

[commentator]

How long ago did you apply for unemployment? When did you get denied? Have you appealed the initial decision yet? Do so, immediately, if it's not already too late. This sounds like one of those things where you would have an excellent chance to be approved in a hearing if you have appealed timely. I sort of suspect, since the baby is here now, that you may have let it go too late. The appeal has to be made within 15 days of the initial rejection.

But anyhow, it sounds as though you got a royal mess going with the FMLA. It boils down to, did you actually use up all the days you had applied for?
Someone here who is knowledgeable can help you decide whether the company did what they were supposed to do in regards to your FMLA filing. Remember, this whole thing is driven, not by the company's responsibility to make sure you are able to be off and help your wife have a healthy child. (that's those evil, socialist places that have rules like that) it's all driven strictly by whether the law was followed. Because that's exactly the only rights you have.

As I've said before, HR is the only way to go when trying to resolve any such leave oriented issues. Because your manager, even a senior manager is not going to have your best interests in mind, only whether you've missed a lot of work, regardless of why.