At my kids' school, we parents have to call in if they're sick. Even so if they don't get a Dr.s excuse it is an unexcused absence. After maybe 10 "unexcused" absences each semester they have to take the semester over regardless of their grades. Around 30 of my son's classmates didn't graduate yesterday because of various infractions. We're in rural Indiana! Randy
"PrecisionMachinisT" wrote in news: snipped-for-privacy@scnresearch.com:
Yes it does. The employer better have an employee hanbook that outlines the "doctor note" policy. "At Will" employment isn't carte blanche, there are labor laws they have to follow. Although the laws vary from state to state. There are federal laws regarding firing people with disabilities too, Im willing to bet a lawyer could make a good case.
If the guy wants to make real trouble he could get a lawyer and file an ADA complaint on top of a claim that he was unfairly let go because he has disabilities. I'm willing to bet that his former workplace doesn't fully comply. But he doesn't seem like that type of guy who like revenge.
I'd disagree. Once the employer states a reason for the firing, he gives the employee a reason to challenge it. Of course the reason for the statement is to avoid paying extra employment comp insurance. Plus it sounds like the subject of this is probably over 40 years old, if the new hire is UNDER 40, you get a whole new dose of trouble.
If the guy were to call around, he would have the employment lawyers bidd> >
"D Murphy" wrote in message news:Xns96661382D633EBW12BU20MU38SY@130.133.1.4...
I didn't see the original post on this, but it reminds me of a situation I was in some years back.
I was let go because the project on which I was working was going to hell in a handbasket and one of the "wheels" needed a scapegoat. When I went down to apply for unemployment, I told one of the employment office workers what had happened. He scrawled across the top of my form, "LOLW" which means, laid off for lack of work. I started hanging resumes and, a few weeks later was called in to the employment office. I figured it was a routine audit and I brought along my notebook of the places and dates where I'd applied, along with my collection of "your qualifications don't match our current needs, but thanks for thinking of us" letters. Rather to my chagrin, I found myself accused of filing a fraudulant claim! The "company" had sent the state a letter claiming I'd been fired for misconduct. The investigator thought about it a moment and said, "LOLW is our abbreviation, you wouldn't have written that." I went on to explain that I knew all of the company management and I didn't know the person who had signed the letter. Further, it came from a city where the company had no operations. It turned out that some outfit had "bought" the company's unemployment obligations. My former employer paid them less than they otherwise would have had to have paid the state and this other operation paid the state a reduced amount based on there being no claims. And there would be no claims because they'd contest them all. Once the investigator figured all of this out, he became rather irate and told me that they were denying the challenge and finding in my favor. He went on to say that, the way I was going at it, I'd probably have another job by the time it came around again and wished me luck. He was right. I was out of work for two months, but ended up with a better job with more pay.
Based on my experience, I would advise anyone who was unjustly let go and who is concerned about unemployment benefits to play it straight with the state. They've seen it all before and he may find himself pleasantly surprised at how supportive they can be.
Jerry
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