They told me I was out of sick days when they fired me. I don't have a record, and I don't know if I trust them to give me an accurate one. Just one day over, and I'm screwed? That's not fair.
I can't afford a lawyer. I have almost -no- money right now and just as I was beginning to relax a little, I'm starting to feel terrified again.
Contact your state bar. Ask if you can be matched with someone who wants to do pro bono work. If you don't want to do that, contact your local Legal Aid Society.
That fear you feel can be alleviated by giving this problem to someone else to handle. That's part of the reason we have lawyers.
Scott has a stellar record of fighting for unemployment benefits. He fought like a tiger when he lost his job.
It didn't help that they were right, though. They told me, once, that they wanted me to stay later. I told them that I would, eventually. Technically speaking I was leaving early and such. I was also able to get a new job so quickly, and my time was more valuable to me than the bs of trying to fight for a week or two of unemployment moneys. If I would have been unmployed for a longer period, or needed the money more, I would have fought for it.
Just because I chose not to fight does not mean I did not know how. Would you also insult me so if I plead guilty if I was indeed guilty?
They told me I was out of sick days when they fired me. I don't have a record, and I don't know if I trust them to give me an accurate one. Just one day over, and I'm screwed? That's not fair.
So, wait, did they fire you because you ran out of sick days? Did you go over your allotment and trigger some kind of review process or something?
I don't know what your company's policies are, but I'm pretty sure they needed to make you aware of them (an employee handbook or something), and if they didn't, you probably have a case. If they made you aware of their policies, and you violated one of them, you're probably SOL.
If they made you aware of their policies, and you violated one of them, you're probably SOL.
Even so, if you really need the monies, fight anyway. If you don't fight, you are guaranteed to get nothing. If you do fight, the worst case is getting nothing, but there is a chance of getting something. Just go through the process.
So, wait, did they fire youbecauseyou ran out of sick days? Did you go over your allotment and trigger some kind of review process or something?
I don't know. All I got was a phone call. "Your outta sick days, outta pois-onal days, outta vacation days.." didn't say if I'd gone over. No record, no review process. I was an idiot and I didn't keep a record of how many sick days I had left.
I don't know what your company's policies are, but I'm pretty sure they needed to make you aware of them (an employee handbook or something), and if they didn't, you probably have a case. If they made you aware of their policies, and you violated one of them, you're probably SOL.
I was informed of how many sick days, etc. I had. I was NOT informed of the process for when those days are used up. I was NOT informed that I could be fired over it. I was NOT warned, at ALL. And there is no company handbook.
Edit: Should I call HR and ask them how many days over I'd gone?
Did you ever sign anything about leave usage at all? Any papers or documents? I'm very wary of any company that won't give you copies of the official policies that pertain to you directly.
Edit: Should I call HR and ask them how many days over I'd gone?
Yes. Also ask them for a list of the dates. If they have a record, they have to be able to prove that you were out certain times and dates. You can check your own calender and memory against that. If it is obviously false...
Edit: Should I call HR and ask them how many days over I'd gone?
Yes. Also ask them for a list of the dates. If they have a record, they have to be able to prove that you were out certain times and dates. You can check your own calender and memory against that. If it is obviously false...
I'm pretty sure they do have a record, but I haven't been able to get in touch with them for days. I need to send back this questionnaire ASAP, so I guess I'll just say that they're not returning my calls anymore.
Yeah, that's true. Where I work now we are using ADP (as opposed to Paychex). There is a crappy website employease.com that ADP runs. I use that site to apply for sick time and such. It tells you your remaining days and such like that. Not sure what the law is, need a lawyer for that, but it sounds to me like your former employer might not be properly tracking time off, and might not be properly informing employees about time off. If the unemployment folks find that out to be true, I suspect you will easily win.
I just counted every day I had marked on my calendar as vacation. I didn't mark or keep track of personal/sick days, but I tended to mark vacation. Including Jewish holidays and any day I was dubious of, I came up with 10 or 11 out of 14. The only other thing I can think of was my grandfather's death/funeral in January, for which I was instructed to put "death in the family" on my timesheet. Also, I had upcoming jury duty the day after I was fired, which they already knew about.
They did nothing to inform me of how many days I had remaining, or to warn me when I requested days off. They also had no written policy that I can remember on it. It was entirely up to me to ask.
You went to work sick or with migraines all the time. It was a very rare event that you conceded to stay home when you felt terrible. I feel that the final count of sick days can't be over 8 at the most. You certainly did not take sick or personal day every month. I really wish we had an actual log, but that is my memory.
We can't afford a lawyer. We'd need pro bono or something, and I don't know about...
Rym says companies do this all the time. They are just lying because they are stingy dicks who need to be punched.
edit: but don't actually punch them yourself, because that wouldn't help things. Just hope divine providence provides with random dick punching for all of them.
We can't afford a lawyer. We'd need pro bono or something, and I don't know about...
Look up your state or local bar webpage. Call them and tell them you need a pro bono attorney. Big firms often have pro bono availability. Also, many young unemployed attorneys are looking to gain experience through volunteering. Then there's always Legal Aid. It really shouldn't be that hard to find an attorney, and whoever you find will do your worrying and fighting for you so that you can focus on the more important task of finding a new job.
I am still waiting. I actually just got off the phone with the DOL, so it's funny that you asked. They told me that despite what the letter I received made it sound like, my former employer has NOT challenged my unemployment yet but had only informed the DOL that I was discharged due to "excessive absenteeism". The DOL said that my former employer still has yet to respond to the questionnaire they were sent. (My deadline to send it in passed over a week ago.) They also told me that they saw nothing on my information that they thought would wind up denying my benefits. Basically I have to wait 1-2 weeks now, and then I'll either get mail telling me I'm screwed or I'll get all the money that's been withheld from me so far. The odds seem more in my favor.
I'm also still trying to set a small job up with my dad (he's hard to keep after), and I finally scheduled an interview for a temp job recently.
Emily: I have been animating lots, albeit slowly. Right now I'm trying to re-teach myself tweening and motion lines with simple symbols and stuff. I think I'd really love to take an intermediate Flash class sometime after I've re-learned the basics. My cycles are on deviantart, I guess I could link them.
Don't. Tweening is no good except for camera pans if you are going to use flash for traditional animation. Tweens usually look a bit pants in character animation.
Don't. Tweening is no good except for camera pans if you are going to use flash for traditional animation. Tweens usually look a bit pants in character animation.
Comments
I can't afford a lawyer. I have almost -no- money right now and just as I was beginning to relax a little, I'm starting to feel terrified again.
That fear you feel can be alleviated by giving this problem to someone else to handle. That's part of the reason we have lawyers.
Just because I chose not to fight does not mean I did not know how. Would you also insult me so if I plead guilty if I was indeed guilty?
I don't know what your company's policies are, but I'm pretty sure they needed to make you aware of them (an employee handbook or something), and if they didn't, you probably have a case. If they made you aware of their policies, and you violated one of them, you're probably SOL.
It sounds like a crappy situation regardless.
Edit: Should I call HR and ask them how many days over I'd gone?
Sounds fishy to me.
Also, is your vacation balance on your paystubs?
They did nothing to inform me of how many days I had remaining, or to warn me when I requested days off. They also had no written policy that I can remember on it. It was entirely up to me to ask.
I really wish we had an actual log, but that is my memory.
We can't afford a lawyer. We'd need pro bono or something, and I don't know about...
edit: but don't actually punch them yourself, because that wouldn't help things. Just hope divine providence provides with random dick punching for all of them.
(Note to the rest of you; this is specifically for NY. You have to change states to get info relevant to your own state if you aren't in NY.)
In other news, she's animating up a storm.
Hey, speaking of which, you should post your cycles, Tsuntsun!
I'm also still trying to set a small job up with my dad (he's hard to keep after), and I finally scheduled an interview for a temp job recently.
Emily: I have been animating lots, albeit slowly. Right now I'm trying to re-teach myself tweening and motion lines with simple symbols and stuff. I think I'd really love to take an intermediate Flash class sometime after I've re-learned the basics. My cycles are on deviantart, I guess I could link them.
Link them Bii, link them!
...look a bit pants? Wassat?