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123abc

Guest
What is the name of your state? michigan

am i entitled to unemployment insurance ????

wile i was at work i started haveing bad chest pains tords the end of the day, i told my supervisor that i was haveing the pains and told him i was going to go to the doctors. he then asked me if i wanted to go sit down for a wile to make sure nothing happens. i then told him that i had the same pains 2 days prior and went to the hospital for them. the hospital told me if i had them again to go to my doctor. he then said ok, go to the doctors.
i then went to my doctor and he told me i had a lot of liquid in my lungs and took me off of work for the rest of the week. (it was tue. when he took me off of work. so i was off of work wed,thur, fri.) i then returned to work on monday and gave them my doctors excuse. they did not say anything. i worked monday, tuesday, wednsday. at the end of the day of wednsday my supervisor came up to me and told me to come with him. i said ok whats this about. he said i think your going to get 3 days of of work with no pay for not calling in for the 3 days that i was off. i told him i had a doctors excuse. he said you did ??? then he said well lets go see whats going on. we went up to front office to human resources. they told me i was being terminated for not calling in on the 3 days that i was off even with the doctors excuse.

can they do this??? why didnt they fire me on monday when i came back to work??? why did they let me work 3 days then fire me??
 


Beth3

Senior Member
Let me make sure I understand exactly what happened here before commenting.

You left work on a Tuesday after telling your supervisor you had reoccuring chest pains and were going to see your doctor immediately. You did not call in or contact your employer Weds, Thurs, or Friday but did return to work on Monday bringing a doctor's excuse with you.

Is all that correct?

Additonally, when you post back could you also tell us how many employees work for this company at the site you worked at and how long you worked there?
 
1

123abc

Guest
yes that is correct. i worked there for almost 2 years. there are over 200 employees.
 

Beth3

Senior Member
Many and likely most employers have a three day "no call/no show" policy which says that if an employee fails to report to work or contact their employer to report their absence for three consecutive days, it is job abandonment and grounds for dismissal.

While you may well have been too ill to work, you weren't in the ICU either and could easily have at least called them and told them the doctor put you off work until Monday.

Given your length of employment and size of the company, you would certainly have been eligible for FMLA for those three days but that does NOT override an employer's reasonable policy for employees to report their absences nor does bringing in a doctor's excuse after the fact satisfy that requirement. I expect the reason they let you work three days before terminating you was because they were deciding how "hardball" they wanted to play here, given your circumstances.

While I do think the penalty is somewhat harsh, I have to observe the situation could have been avoided had you (or even a family member) given them a quick phone call while you were out. In my opinion, the employer's actions were legal.

Now as far as UC goes, you certainly may apply for benefits. If the employer can point to a written rule that was provided to employees (such as in a Handbook) that requires ee's to call in when absent and also spells out the three day "no call/no show" termination policy, it's doubtful you will be eligible for benefits. But you have absolutely nothing to lose by applying for benefits and seeing what happens.
 

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