Arizona fired for using paid sick time

[Tuzkiraly]

What is the name of your state?Arizona

A.R.S. §§ 23-371 to 375
Notes: Alorica is not a union, Arizona's right to work law does not apply.

Arizona At-Will law allows a employee to quit without reason. And an employer to Lay-Off an employee without reason.
For all firings reasons must be provided to avoid a state or federal offence. As the burden to prove lawful actions is always placed on the employer.


I was on a final for attendance.
I emailed my supervisor to let her know i would be applying sick time to leave early due to alcohol and nicotein withdrawal. She said thats ok and approved it and ask that I call workforce. I called workforce explaining the same thing.

I returned next day. Towards the end if my shift i was called into an office and terminated. Before using my STO as a reason to fire, they mentioned two tardies 06/04/2019 and 06/07/2019 as i explained to them "i had already reported the issue clocking in for those days", due to the companys abrupt decision to change timeclock software without proper implementation to meet third party client reporting needs. I continued to explain, "I have the emails sent showing I reported the technical issue, which everyone is having, to fire me for that is garbage."
They probably didnt like that.

They abruptly rebuttaled saying I used Time Off on 06/20/2019 and that workforce entered it as personal.
I explained I emailed my sup explaining prior to leaving and also told workforce it was due to alcohol and tabacco withdrawal. And since the company does not seperate PTO from STO, all PTO is eligible to be used as STO according to company policy.

Under state law to fire me for using sick time is automatic retaliation. Nor do I need to provide notice to leave or medical documentation unless it exceeds # of days. That is workforces error that you need to fix which I can easily prove since I had that email hours prior to leaving.

They didnt care, and choose to neglect acknowledgement of their unfair biased and in my opionin unlawful actions.

Knowing this is called the corporate compliance office A.K.A. Alorica's Integrity Center, Convercent.

After waiting awhile for them to finally respond on 08/14/2019 they say that after investigating "I was fired for the two tardies (which never occured) and that my PTO used on 06/20 was not included in my final review for termination."


Interesting. So I saved those statements via screenshot just in case I somehow lose access to the report.

A week ago, currently its 09/26/2019 . I recieved an unemployment appeal request, to my surprise at their carelessness.
Went ahead and made statements with Equifax, and submitted as exhibits. that I was terminated for a final call out on 06/20/2019 for using PTO that workforced entered as personal.

Yet according to the people who are suppose to make sure theyre following the law, were decieved and lead to believe otherwise.

Now that I am conviced unlawful malicious behavior took place I filed a ADOSH especially considering workplace slander saying I used anything but sick time.
Then denying to the integrity center such things were mentioned.
To follow with an appeal where the employer makes these statements, the mailed appeal request packet is dated 09/05/2019 the exhibit is timestamped for 08/14/2019 the same day there compliance center said that was not included.

What do you think?

 

[cbg]

I think that your understanding of the law is flawed.

 

[Tuzkiraly]

Potentially, my Interpetation of law may be incorrect.
I am more than happy for you to evolve my understanding and sharing your opionin on the entire post. Not simply the first few lines.

Feel free to review the Arizona Revised Statue on sick time i included in the original post.
You can also goto azleg.gov and review arizonas at will and right to work laws.
I understand laws vary per state.

 

[cbg]

My friend, I am quite familiar with at will and right to work laws. Right to work does not come into this at all, btw. Even if your company were union, right to work would have nothing at all to do with your situation.

You seem to be under the impression that because of the state's employee-friendly definition of "retaliation, that you cannot be fired for ANY reason within 90 days of taking a sick day. That is not the case; not if the employer is able to show why it is not.

You were already on final warning for attendance; the fact that you had "explained" to the company why you were late does not mean they are automatically excused or that they did not occur. While I think the employer may have jumped the gun under the circumstances and I'm not going to say that you wouldn't ultimately win a claim with the state, I don't think you've got anything resembling a slam dunk case either.

Nothing related to an unemployment claim has anything whatsoever to do with whether a termination was legal or not.

 

[Tuzkiraly]

Its very obvious you are not skilled at giving legal advice.

In my original post

A.R.S. §§ 23-371 to 375
Notes: Alorica is not a union, Arizona's right to work law does not apply


Notice. "Does not apply."
Why would I add this?
How many incompetent people are on this with no ability to interpet law. And misconstrue At Will "You can be fired for any reason!" Or right to work as being applicable to non-union work?
I put those notes in hope to avoid incompetence and not invite trolls like yourself.
Or people repeating pure bullshit that they were brainwashed to believe rather than reading the law.

Seeing how you practice selective reading its very obvious you do not practice law as you would miss every detail every time failing to represent a client properly.

1: fired for using sick time in AZ which as of 2017 is illegal. And CLEARLY written in the state law being fired within 90 days of sick time is considered retaliation. I was fired with 1 day. Specifically as documented for sick time.
2: i contacted rhe corporate office and reported the violation.
3: then relayed and documented that it was not in my termination review. And was an excused absence.
4:employer submitted statement to the State as Evidence using specific verbiage "Fired for using PTO that workforce entered as personal time was not an excused absence"
5: yet yold corporate otherwise.
6:company does not differentiate between pto and sto.
All PTO is STO.

 

[Taxing Matters]

Arizona At-Will law allows a employee to quit without reason. And an employer to Lay-Off an employee without reason.

Mostly correct. However, under federal and state laws there are some reasons for which an employer may not fire an employee.

For all firings reasons must be provided to avoid a state or federal offence. As the burden to prove lawful actions is always placed on the employer.

Not so. No federal law nor Arizona law requires a private employer to provide the employee or the government with a reason for an employee's termination. Moreover, for the most part the burden in any dispute over wrongful termination is on the employee to prove that the employer violated the law.

Under state law to fire me for using sick time is automatic retaliation.

Not exactly. What Arizona law says is that action taken by an employer against an employee within 90 days of asserting his/her rights under the sick time provisions of the state Fair Wages and Healthy Families Act effectively result in a presumption of retaliation, which then shifts the burden to the employer to show with clear and convincing evidence that the reason for the action was something other than retaliation. For a lot more detail on that Act see the extensive FAQ document issued by the Industrial Commission of Arizona.

 

[cbg]

I put those notes in hope to avoid incompetence
Or people repeating pure bullshit that they were brainwashed to believe rather than reading the law.

Ah, the irony.

 

[commentator]

"She said thats ok and approved it and ask that I call workforce. I called workforce explaining the same thing."

Who did you call and explain the law to? Who's workforce? Yes, it is possible your understanding of the law is slightly off. There is all the difference in the world between unemployment law and retaliation, EEOC, all the other ideas you have come up with concerning the legality of your termination. And the unemployment insurance system is not where you determine the legality of your situation, only whether or not you qualify to receive unemployment insurance in your state, according to their unemployment statutes.