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Thread: I Lose - As Usual

  1. #21
    Troll Magnet Sparko's Avatar
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    Quote Originally Posted by rogue06 View Post
    In lots of places new hires are placed on very strict guidelines about missing a day or being late. The system might have automatically kicked her out if she accrued enough "points" for violations.
    if it is a pattern, and more than a few minutes, then yeah, I can see it. But if it is just a couple of minutes or only a time or two, then I would think she could fight it. They would need to show reprimands in writing, or at least a consistent pattern in her punch cards.

  2. Amen Carrikature amen'd this post.
  3. #22
    Evolution is God's ID rogue06's Avatar
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    I'm always still in trouble again

  4. #23
    tWebber Teallaura's Avatar
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    I don't have time to explain in detail but for the record, I WASN'T late. I had received a written warning - I had to call in a couple times when I was moving and I really was late from lunch on one occasion because I got held up at the grocery store (30 minutes isn't a lot of time for more than grab something - and the store had trouble with the customer before me - and I was really hungry) - but I was NOT late after that - I kept records (not sure I have them but I might). The main one I know wasn't me being late - I had told my supervisor that the computer had me in break for 23 minutes while I was on a call - guess how late they said I was that day.

    I only got the warning because of the one previous - three more days and the 90 days would have expired but I had to move and couldn't find a place and ended up having to call in. Tardy/absence is only excused if you schedule it a day in advance. Not kidding.

    Okay, so that was more detailed than I'd planned.

    I will send the appeal letter tomorrow - I don't want to wait to hear from the lawyer next week.


    In other news, I'm debating moving to Huntsville or maybe heading south to Florida instead. My blog has the details (well, you have to read my writing so you might wanna wait til tomorrow when I have time to update here.).

    Anyway, thanks everyone. I do appreciate the support.

  5. #24
    tWebber Teallaura's Avatar
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    Quote Originally Posted by rogue06 View Post
    In lots of places new hires are placed on very strict guidelines about missing a day or being late. The system might have automatically kicked her out if she accrued enough "points" for violations.
    Only in CGI's case, it NEVER ends - I had converted from temporary to permanent. Heck, I wasn't even on the phone most days because I was working case management so even if I had been late - I wasn't - it hurt nothing.

  6. #25
    tWebber Teallaura's Avatar
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    Quote Originally Posted by Sparko View Post
    if it is a pattern, and more than a few minutes, then yeah, I can see it. But if it is just a couple of minutes or only a time or two, then I would think she could fight it. They would need to show reprimands in writing, or at least a consistent pattern in her punch cards.
    Pattern - I had been absent without prior leave once in March - just shy of the 90 probationary period for being absent without prior leave - and yes, I called. I don't remember now if the one in December was illness or car. I think illness - but it wasn't something I could schedule in advance or go to work anyway.

    So effectively, I couldn't clear points that had been accrued six MONTHS earlier. Only in May did they decide that being late from lunch and break was going to be enforced. I already explained about the lunch - the break I was written up for was an accident. So, In a 90 day period I was late from lunch once and late from break once. After the warning, I wasn't late at all - didn't stop them from firing me for it, of course.

    Yeah, I'm a real problem employee, I am...

  7. #26
    tWebber Sea of red's Avatar
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    Quote Originally Posted by Teallaura View Post
    Pattern - I had been absent without prior leave once in March - just shy of the 90 probationary period for being absent without prior leave - and yes, I called. I don't remember now if the one in December was illness or car. I think illness - but it wasn't something I could schedule in advance or go to work anyway.

    So effectively, I couldn't clear points that had been accrued six MONTHS earlier. Only in May did they decide that being late from lunch and break was going to be enforced. I already explained about the lunch - the break I was written up for was an accident. So, In a 90 day period I was late from lunch once and late from break once. After the warning, I wasn't late at all - didn't stop them from firing me for it, of course.

    Yeah, I'm a real problem employee, I am...
    That is definitely not a pattern.

    Knowing you're going to be late and calling your employer ahead of time shows you were trying to keep your employer in the loop. They can not hold issues with transportation (if it's once) or illness against you either, so those are off the table - especially if you were trying to do the right thing and let your boss know.

    It's not willful misconduct.

    https://employment-law.freeadvice.co...eing-fired.htm

    When an employer terminates an employee because of absences and alleges that this termination should disqualify him from a claim for unemployment benefits, the employer typically must prove that there was no good cause for the absence and/or that no notice was provided. The number of absences or the length of the absences may be a factor as well. For instance, in the state of Colorado, the employer must prove three or more separate instances of unexcused absences with no notice and/or no cause within the twelve months prior to the termination.
    Also, "being late is" is usually related to showing-up for work, not lunch breaks. Yes, they can fire you for it, but the state likely doesn't understand these were lunch breaks, and not being tardy.

    My dad was laid off once, and they denies his unemployment because of they said he was "fired" when he was really "laid off" - even though both situations still qualified. So it's likely the boobs at the workforce don't even understand what 'being late' actually was, and took a vague reply from an employees word for it.
    Last edited by Sea of red; 07-07-2017 at 04:09 AM.

  8. Amen Cerebrum123 amen'd this post.
  9. #27
    Troll Magnet Sparko's Avatar
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    well I am glad to hear you are thinking of moving.

    I found the perfect moving van for you:

    catcar1.jpg

    rear view:

    stick-family-crazy-cat-lady.jpg

  10. #28
    tWebber Teallaura's Avatar
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    Quote Originally Posted by Sea of red View Post
    That is definitely not a pattern.

    Knowing you're going to be late and calling your employer ahead of time shows you were trying to keep your employer in the loop. They can not hold issues with transportation (if it's once) or illness against you either, so those are off the table - especially if you were trying to do the right thing and let your boss know.

    It's not willful misconduct.

    https://employment-law.freeadvice.co...eing-fired.htm



    Also, "being late is" is usually related to showing-up for work, not lunch breaks. Yes, they can fire you for it, but the state likely doesn't understand these were lunch breaks, and not being tardy.

    My dad was laid off once, and they denies his unemployment because of they said he was "fired" when he was really "laid off" - even though both situations still qualified. So it's likely the boobs at the workforce don't even understand what 'being late' actually was, and took a vague reply from an employees word for it.
    Thank you.

    I had a phone interview - the examiner I talked to knew full well it was about breaks and lunches.



    I mailed the appeal letter today. Then realized I hadn't included some information. So I'll do it again tomorrow - and send this one return receipt.


  11. #29
    Professor Catholicity's Avatar
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    Huntsville Maybe a good place to start over. South Alabama Has SO many problems as it is (I have family in Coffee County I can rattle them off like no one else......)
    A happy family is but an earlier heaven.
    George Bernard Shaw

  12. #30
    tWebber Teallaura's Avatar
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    Quote Originally Posted by Catholicity View Post
    Huntsville Maybe a good place to start over. South Alabama Has SO many problems as it is (I have family in Coffee County I can rattle them off like no one else......)
    About the only thing I'm pretty sure of is I'm not staying in South Alabama.

    I love this state - it's home - but I'm not really sure I want to live in it any longer.


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