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gpsyeyes
She's my world!!!
Member since 8/06 1184 total posts
Name:
Karen
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HELP - HR RELATED TO BEING FIRED! UPDATE AT BOTTOM
My step-daughter just called me - she was fired from her job! They said she never called in sick (she has been out with a doctors note from 11/27 to today). She called her manager from the beginning & told her & has cell phone records to prove it but they don't care. Does she have any recourse?
Is she entitled to the sick time she was supposed to get for those days?
Is she entitled to the holiday and vacation time she accumulated?
Is she entitled to Unemployment?
TIA!
Message edited 12/19/2007 11:41:14 AM.
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Posted 12/12/07 10:04 AM  |
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bikramaddict
mommy-to-be
Member since 8/06 4376 total posts
Name:
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Re: HELP - HR RELATED TO BEING FIRED!
what did her manager say? i had it happen once when i was let go for something super minor - i was the beginning of a series of lay offs but they let everyone think they were flat out fired. in my case, it was b/c one writing assignment that i had done needed revising (in my industry almost EVERYTHING needs revising so the excuse was stupid.) IMO, it kinda sounds like this is the same thing.
I'm not an HR person but from what I understand, you are entitled to unemployment after one or two full weeks of being fired. But if they give you severence, then u have to wait until that $$ is gone (in my case, I got two weeks pay). Holiday and vaca pay is subject to the company's decision I believe.
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| Posted 12/12/07 1:12 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: HELP - HR RELATED TO BEING FIRED!
yes, she can get unemployment. I would also report them to the department of labor.
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| Posted 12/13/07 2:24 PM |
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Reese1106
Family of 4! :o)
Member since 8/06 6655 total posts
Name:
Theresa
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Re: HELP - HR RELATED TO BEING FIRED!
She can get unemployment. I would have her file asap since there is a waiting period. Reporting them to the dept of labor is also a very good idea. However, unless she was on a contract she was most likely an "at-will" employee which means they can let her go or she can quit at any time without any notice for any reason. It sounds like someone in there wanted to get rid of her and this was just some excuse they came up with. If that is how they do business, she is better off somewhere else. I'm sorry this happened to her. What does she do?
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| Posted 12/13/07 6:43 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: HELP - HR RELATED TO BEING FIRED!
Was she "at will"? A lot of company are. She can argue the unemployement if they don't really have a ground to "fire" her.
She is not untitled to her sick time but she MUST be paid the vacation time she accrued.
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| Posted 12/13/07 10:54 PM |
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Domino
Always My Miracle
Member since 9/05 9923 total posts
Name:
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Re: HELP - HR RELATED TO BEING FIRED!
She can have a problem with unemployment if her employer fights it. They can claim that by not calling (regardless of whether true or not) she abandoned her job. Unemployment will deny her benefits and it will be up to her to appeal the decision. I would like to say this is an easy process but unfortunately it is not. It can be months before she receives any money after the appeal.  that employer does not fight it.
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| Posted 12/13/07 10:57 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: HELP - HR RELATED TO BEING FIRED!
Posted by smdl
Was she "at will"? A lot of company are. She can argue the unemployement if they don't really have a ground to "fire" her.
She is not untitled to her sick time but she MUST be paid the vacation time she accrued.
not necessarily. it depends on the company policy. at my last job, they would not pay me for vacation time accrued b/c I was not there for a year.  I was furious!!!!! 
I am really sorry that happened. but like others have said, she is better off! who wants to work for a company with zero compassion? 
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| Posted 12/14/07 7:19 AM |
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ckone
LIF Adult
Member since 8/06 3014 total posts
Name:
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Re: HELP - HR RELATED TO BEING FIRED!
Posted by smdl
Was she "at will"? A lot of company are. She can argue the unemployement if they don't really have a ground to "fire" her.
She is not untitled to her sick time but she MUST be paid the vacation time she accrued.
All of New York State is an
"at will" state but, if she files for unemployment and brings all of her records with her she will definately win the case.
It sounds like there is a piece missing somewhere. Technically after 7 consecutive days with a doctor's note she should have been on Short Term Disability. Also, after 12 weeks an employer does not have to hold your position for you. Some companies count one year from the time you first take time off and other count within a calendar year. FMLA.
Saying that she didn't call seems strange because you would think they would have sent her a letter or terminated her sooner.
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| Posted 12/16/07 9:53 PM |
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gpsyeyes
She's my world!!!
Member since 8/06 1184 total posts
Name:
Karen
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Re: HELP - HR RELATED TO BEING FIRED!
here's an update -
I spoke with HR at her job. They are claiming that everything had been fine for the 8 sick days she had taken, but when, on her anticipated date of return (monday) she was still sick, & they are claiming she didn't follow proper procedures by calling HR. In the past, she never had to call them, just her manager, so that's what she did. Anyway, I gave them much needed information to look into this further & they are going to re-review it.
We will wait one more day to hear from them & in the meantime I have helped her write a letter to the owners of the company (it is a group home company) outlining everything that has happened.
Thanks for all your responses!
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| Posted 12/18/07 11:06 AM |
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Domino
Always My Miracle
Member since 9/05 9923 total posts
Name:
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Re: HELP - HR RELATED TO BEING FIRED!
If she was terminated strickly because she had an illness, you might want to look into an employment lawyer.
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| Posted 12/19/07 6:34 AM |
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gpsyeyes
She's my world!!!
Member since 8/06 1184 total posts
Name:
Karen
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Re: HELP - HR RELATED TO BEING FIRED!
UPDATE:
THEY OFFERED HER THE JOB BACK!
I think once they decided to listen to what I had to tell them (they wouldn't listen to my step-daughter when it first happened), they looked into it & I guess realized that I was right about the fact that they need to apply policies & procedures across the board for all employees (which I had examples that they didn't) not just apply them randomly.
Thanks again for all the reponses!
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| Posted 12/19/07 11:40 AM |
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