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Can my employer do this?!?!

 
Anonymous Coward
User ID: 1408355
Australia
12/14/2012 10:58 PM
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Re: Can my employer do this?!?!
With the unemployment rate was high, those of you who have jobs, especially shift jobs opposed to manager or desk jobs, have to pretty much kiss the bosses ass these days.
You need him (job) much more than he needs you.

I don't know the particulars about your situation other than what you wrote, but if you relied on someone else to relay a message to management then, I'd be pissed too if I were your superior.

I understand you had a series of bad luck events happen all at once but, tough shit! That's your problem (I'm just playing 'mean boss'. this is not necessarily my stance)

One is bad enough but when you have car issues, a sick child and no phone....it sounds like someone I wouldn't want working for me either. Too much drama.

Again, I am playing devils' advocate and putting on my "boss is a prick" hat.
Convince me why I should give you another chance?
 Quoting: Anonymous Coward 29150242


I DO understand the boss' point - I really do, and if I had consistently been late to or missed work due to: kids, car, etc......ok, but this was a fluke thing - seriously. When I said i've never missed a day otherwise, I wasn't kidding.

Thing is - I'm not so much upset over not having a job (I'll look for something else) - but I am just really angry/hurt at pretty much having it look like I didn't care, because that is very far from the truth. I hated 3rd shift, but I cared about the ppl I took care of so much, that I stayed with it because it was either stay on 3rd, or don't do it at all.

I know my personal problems are no one's issue but mine, and mine alone. If I'd been in trouble before - I'd understand it more, but to not only fire me but make me out to be someone who just doesn't care, didn't try, etc....that is what is bugging me.
 Quoting: amywood71605



It is because of all the people that did it before and were telling lies. Boss has heard it all before!!

If I were you I would go back sometime and tell him you were telling the truth, not for your sake but for the next person who has a real problem. Employers hear so much of this crap that they get real hardened to it.

It took years before women could get employed in any good job because it was believed they would leave once they got pregnant. Most did, and made it hard for the women that came after. They had an enormous battle to get a good job. I know you are too young to know all this.

You sound great, Try and understand it is not you. It is all the other assholes that used heart rendering excuses when they didn't feel like going to work that day. They are legion.
Anonymous Coward
User ID: 29184782
12/14/2012 10:59 PM
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Re: Can my employer do this?!?!
God closes a door before he opens a new one.
 Quoting: Kirk


It would be a whole lot better if he opened one before closing the first.
Anonymous Coward
User ID: 29794919
United States
12/14/2012 11:05 PM
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Re: Can my employer do this?!?!
Hello,
I am an HR manager in a large company 120k employees. I know per our corporate policy an employee must call their manager. Keep in mind per our guidelines texts and emails do not count. So what would happen in my businesses is below
Day one – No call no show
Day two – No call no show / Job abandonment letter sent to employee advising they have 3 days to report to work.
3 days later if employee has not reached out to their manager via phone or come into work then their job is terminated.

I think there is something more you’re not telling us.
Also to the person who said employers cannot terminate you for the illness of a family member or yourself you are wrong. ADA only applies to the employee and you would only qualify for FMLA protection under very specific situations. Needless to say there is no case here for that.
As again I think there is more going on as we done have all the facts.
MaryAlananB

User ID: 29924697
United States
12/14/2012 11:30 PM
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Re: Can my employer do this?!?!
FMLA covers emergencies with sick family members.
amywood71605 (OP)

User ID: 23304834
United States
12/14/2012 11:32 PM

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Re: Can my employer do this?!?!
Hello,
I am an HR manager in a large company 120k employees. I know per our corporate policy an employee must call their manager. Keep in mind per our guidelines texts and emails do not count. So what would happen in my businesses is below
Day one – No call no show
Day two – No call no show / Job abandonment letter sent to employee advising they have 3 days to report to work.
3 days later if employee has not reached out to their manager via phone or come into work then their job is terminated.

I think there is something more you’re not telling us.
Also to the person who said employers cannot terminate you for the illness of a family member or yourself you are wrong. ADA only applies to the employee and you would only qualify for FMLA protection under very specific situations. Needless to say there is no case here for that.
As again I think there is more going on as we done have all the facts.
 Quoting: Anonymous Coward 29794919


Nope, there is no more, and I am being 100% honest. I've never missed work, never had any issues, nothing. I've been there for every scheduled shift, and have also covered when others have been out sick or on vacation. I think one time I was like 3-4 minutes "late" because I got caught in traffic, and after that, I started leaving 5 minutes earlier. (And by "late" I mean - my shift starts at 11pm, they like people to be there by 10:50pm. I clocked in at like 10:54)....I did not get any warning, letter, nothing. My first and only conversation with him after my "issues" was him being irate and insisting that "you didn't try hard enough." Your policy here is good - that's how it should be. At least ONE chance anyway, especially if the employee had a legitimate reason/emergency. Thanks for your response.

And to who asked - its family owned yes - this guys parents started it, now him and his brother and sister run it. They have (my best guess) probably right around 100, maybe a little less employees - that includes, nurses, direct care staff, housekeeping, kitchen/cooks, and maintenance.

Honestly, I just am done with it. It's like beating a dead horse - is there REALLY anything I can do? Probably not. Even if there was, why drag it out? I'd rather take a deep breath over the weekend, and starting Monday get back out there. I know I did the job well, and as far as I'm concerned it's their loss. I will miss the people I worked with though.
"Live each day like it's your last, love like you've never been hurt, and dance like no one is watching."
amywood71605 (OP)

User ID: 23304834
United States
12/14/2012 11:33 PM

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Re: Can my employer do this?!?!
With the unemployment rate was high, those of you who have jobs, especially shift jobs opposed to manager or desk jobs, have to pretty much kiss the bosses ass these days.
You need him (job) much more than he needs you.

I don't know the particulars about your situation other than what you wrote, but if you relied on someone else to relay a message to management then, I'd be pissed too if I were your superior.

I understand you had a series of bad luck events happen all at once but, tough shit! That's your problem (I'm just playing 'mean boss'. this is not necessarily my stance)

One is bad enough but when you have car issues, a sick child and no phone....it sounds like someone I wouldn't want working for me either. Too much drama.

Again, I am playing devils' advocate and putting on my "boss is a prick" hat.
Convince me why I should give you another chance?
 Quoting: Anonymous Coward 29150242


I DO understand the boss' point - I really do, and if I had consistently been late to or missed work due to: kids, car, etc......ok, but this was a fluke thing - seriously. When I said i've never missed a day otherwise, I wasn't kidding.

Thing is - I'm not so much upset over not having a job (I'll look for something else) - but I am just really angry/hurt at pretty much having it look like I didn't care, because that is very far from the truth. I hated 3rd shift, but I cared about the ppl I took care of so much, that I stayed with it because it was either stay on 3rd, or don't do it at all.

I know my personal problems are no one's issue but mine, and mine alone. If I'd been in trouble before - I'd understand it more, but to not only fire me but make me out to be someone who just doesn't care, didn't try, etc....that is what is bugging me.
 Quoting: amywood71605



It is because of all the people that did it before and were telling lies. Boss has heard it all before!!

If I were you I would go back sometime and tell him you were telling the truth, not for your sake but for the next person who has a real problem. Employers hear so much of this crap that they get real hardened to it.

It took years before women could get employed in any good job because it was believed they would leave once they got pregnant. Most did, and made it hard for the women that came after. They had an enormous battle to get a good job. I know you are too young to know all this.

You sound great, Try and understand it is not you. It is all the other assholes that used heart rendering excuses when they didn't feel like going to work that day. They are legion.
 Quoting: Anonymous Coward 1408355


I know, you're right. I'm sure plenty before me have had some great stories, excuse, and I REALLY DO understand how crazy my own sounds here. Seriously, how does THAT much go wrong in one day?!?! I only wish it wasn't true :-/
"Live each day like it's your last, love like you've never been hurt, and dance like no one is watching."
Anonymous Coward
User ID: 29074430
United States
12/14/2012 11:34 PM
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Re: Can my employer do this?!?!
Every state has a labor mediation board.
Look it up in your dot/gov pages. If you feel you've been wrongly dismissed and have documentation, you should breeze right through it. It's free and you can represent yourself. Streamline your facts, they won't care about dead cell phones and cars. A brief synopsis will do. Documentation is your friend and don't volunteer information unless asked. Let your employer state his case, then counter him with your documentation. Try not to let him put you on the defensive. Depending on your state laws, you could be recompensed for missed time at work since the incident and/or be re-instated to your job. A witness is a plus.

There's a limited time to file a grievance, so wait to see if you've got the job you interviewed for. If not, file asap. Employers DO NOT like labor board hearings.
amywood71605 (OP)

User ID: 23304834
United States
12/14/2012 11:34 PM

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Re: Can my employer do this?!?!
I work 3rd shift. This past Tuesday I missed work due to WAY too many things going wrong. First, my car broke down. My husband had it pulled/towed to his brothers house around 3pm so he could try and fix it (brother has a garage). While he was gone my 1 year old got very, very sick - so bad that the on call doctor asked me to bring him to the after hours/emergency clinic. While I was gone I began calling co-workers to see if someone could cover my shift. My boss has this big thing about "you have to try and find your own coverage before you call me." Then, while I was trying - my cell ran out of minutes....FML!! I did not have any cash on me - just barely enough change to make one call on a pay phone, so I called the person who does the schedules (boss also gets those messages) - no answer, so I left a message. That night a girl from 2nd shift stopped by - I told her waht happened, she could clearly see my car was shit and not running. She told me "I'll let them know what happened". I also emailed my boss twice that night, and the next morning a few times too.

I get Wed. and Thurs. nights off, due back tonight, and my boss calls me. I expected a lecture - after all, not his fault if I dont have a phone right? But it was way worse - he informed me that he is mailing me a "job abandonment" letter - basically said I didn't try to contact him at all. That's bull! I have the emails - the call logs showing who I tried to call to cover me that night, etc. He told me I should have gone and found a phone, I should have tried harder - found a ride, whatever. I started to get mad and said, "So, you wanted me to leave my sick baby, and my older two boys, home alone (hubby was still gone - he didn't get home until much later - midnight or so), and go WALKING around in the dark looking for a phone?" He didn't really answer me, but that's more or less what was implied. He also said, "_____ who stopped by would have given you a ride in I'm sure." I replied, "Yes I"m sure she would have, she's very nice, but what would I have done with my children?"....... I understand its not his fault I had that much go wrong in one day - but so say I "abandoned" my job just plain hurts to be honest. I've worked there, 3rd shift, for awhile now. Hate 3rd, but stuck with it because I cared about my job - and about the people I cared for in the job. Before this I had NEVER missed a day of work - no warnings, no other issues, nada. My previous performance reviews got high marks. How can it go from that, to this in one incident? I guess I'm just shocked - upset, idk. Fire me, fine, if that's what you really want, but him saying I didn't try when I did is pissing me off.

I know there's probably nothing I can do huh? I just dont like how that is going to make me look. I know it's bad I couldn't make it in that night, but it wasn't like I planned it or did it on purpose. I printed the emails I sent him and the phone logs too.

Ironically, yesterday I got a phone call from a company I've been trying to get into for over a year now - they did a phone interview with me and I have a regular/in person interview Tuesday. I'm just really pissed and upset right now.
 Quoting: amywood71605




siren2
Please calm down...do not mention all of this to your new possible job interviewer. It will make you look like someone with too much baggage. Be positive and happy and do not criticize your old job! Good luck!
 Quoting: waitn4end


I'm better now hf

Just felt so blindsided earlier when it happened. And no, don't plan to talk about any of this! Thank you!
"Live each day like it's your last, love like you've never been hurt, and dance like no one is watching."
amywood71605 (OP)

User ID: 23304834
United States
12/14/2012 11:36 PM

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Re: Can my employer do this?!?!
Every state has a labor mediation board.
Look it up in your dot/gov pages. If you feel you've been wrongly dismissed and have documentation, you should breeze right through it. It's free and you can represent yourself. Streamline your facts, they won't care about dead cell phones and cars. A brief synopsis will do. Documentation is your friend and don't volunteer information unless asked. Let your employer state his case, then counter him with your documentation. Try not to let him put you on the defensive. Depending on your state laws, you could be recompensed for missed time at work since the incident and/or be re-instated to your job. A witness is a plus.

There's a limited time to file a grievance, so wait to see if you've got the job you interviewed for. If not, file asap. Employers DO NOT like labor board hearings.
 Quoting: Anonymous Coward 29074430


Ok, but what would going through that process actually do? Not trying to give you a hard time hf Just honestly asking.
"Live each day like it's your last, love like you've never been hurt, and dance like no one is watching."
amywood71605 (OP)

User ID: 23304834
United States
12/14/2012 11:36 PM

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Re: Can my employer do this?!?!
Every state has a labor mediation board.
Look it up in your dot/gov pages. If you feel you've been wrongly dismissed and have documentation, you should breeze right through it. It's free and you can represent yourself. Streamline your facts, they won't care about dead cell phones and cars. A brief synopsis will do. Documentation is your friend and don't volunteer information unless asked. Let your employer state his case, then counter him with your documentation. Try not to let him put you on the defensive. Depending on your state laws, you could be recompensed for missed time at work since the incident and/or be re-instated to your job. A witness is a plus.

There's a limited time to file a grievance, so wait to see if you've got the job you interviewed for. If not, file asap. Employers DO NOT like labor board hearings.
 Quoting: Anonymous Coward 29074430


Ok, but what would going through that process actually do? Not trying to give you a hard time hf Just honestly asking.
 Quoting: amywood71605


Oh, meant to say - not sure I'd want the job back at this point to be honest. I just don't like being made out like I "dont care" because I do, I did, a LOT.
"Live each day like it's your last, love like you've never been hurt, and dance like no one is watching."
Anonymous Coward
User ID: 29373288
Australia
12/14/2012 11:37 PM
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Re: Can my employer do this?!?!
I think he is being nice with the job abandonment he could just tell you to fuck off and be done with it.
You have been working there for "a while" but in all that time having your kids you haven't worked out some emergency child care arrangements?
You have to try to get to work however possible they wont even mind so much if you're late if you actually get there eventually.
Anonymous Coward
User ID: 29760064
United States
12/14/2012 11:43 PM
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Re: Can my employer do this?!?!
That was a loooooong list of excuses

I bet this goes on a lot w you
amywood71605 (OP)

User ID: 23304834
United States
12/14/2012 11:44 PM

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Re: Can my employer do this?!?!
I think he is being nice with the job abandonment he could just tell you to fuck off and be done with it.
You have been working there for "a while" but in all that time having your kids you haven't worked out some emergency child care arrangements?
You have to try to get to work however possible they wont even mind so much if you're late if you actually get there eventually.
 Quoting: Anonymous Coward 29373288


What kind of child care arrangements would you suggest for 3rd shift? PLEASE - give me names of daycares that are open then!! (sigh) - if it was JUST the broken down car - I could have dealt - found a ride somehow. If it had been JUST a sick kid - no problem, hubby's here with him. BUt both at once, just was too much. Hubby was trying to fix the car so we could use it again asap (had it towed to his brother's house about 25 mins away - brother has a garage), and the baby got really really sick. I dont mean something minor either. He's my 3rd boy - I'm way past the "overly worried" mom thing, lol. His fever went up to 103.2 - and that did alarm me. So, I called his pediatrician office, got through to the pedi. on call, and she said I should bring him in to be safe, so I did. While I was gone with him (its about a half hour ride both ways), I realize me making it to work probably wasn't happening. So, I did what my boss said to do - call co-workers and try to get your shift covered yourself before calling him. Made a few calls - no answers, left messages. Tried the person who does scheduling - no answer, then realized my cell had run out of minutes. I was desperate, so I emailed him, and gee....stupid me I guess - I thought between the messages I DID leave, and the emails, that that would show I WAS trying. But, according to my (ex) boss - what I SHOULD have done when I got home was leave my children home alone and go walking around in the dark looking for another phone. My husband was still gone, the friend who gave me and my kids a ride to the after hours/emergency clinic doesn't own a cell phone.

Don't tell me about "back up" plans - I have 3 boys, ages 9, 6, and 1 - I know ALL about having a plan "b" (and C, and D, etc).

Last Edited by *<3sugar&spice<3* on 12/14/2012 11:46 PM
"Live each day like it's your last, love like you've never been hurt, and dance like no one is watching."
TenStar'd

User ID: 29921744
United States
12/14/2012 11:47 PM

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Re: Can my employer do this?!?!
Dear Amy,
File for unemployment and then pursue the other job.

You are valuable as a person and an employee.

I ascertained that you work in a nursing home or rehab facility.

You are an angel and God is watching over you. Trust Him.

He will lead you to better places where your good nature will flourish.

Last Edited by TenStar'd on 12/14/2012 11:47 PM
I AM THAT I AM IN ALL THAT YOU ARE, IN YOU I LIVE AND MOVE AND HAVE MY BEING EVERMORE
Anonymous Master
amywood71605 (OP)

User ID: 23304834
United States
12/14/2012 11:47 PM

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Re: Can my employer do this?!?!
That was a loooooong list of excuses

I bet this goes on a lot w you
 Quoting: Anonymous Coward 29760064


Yes, I know it looks/reads like a bad TV script of excuses, trust me, I know! But I swear on everything - all of that really did happen - just like I said. Worst day every, well at least worst day I've had in a hell of a long time.

Last Edited by *<3sugar&spice<3* on 12/14/2012 11:47 PM
"Live each day like it's your last, love like you've never been hurt, and dance like no one is watching."
amywood71605 (OP)

User ID: 23304834
United States
12/14/2012 11:49 PM

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Re: Can my employer do this?!?!
Dear Amy,
File for unemployment and then pursue the other job.

You are valuable as a person and an employee.

I ascertained that you work in a nursing home or rehab facility.

You are an angel and God is watching over you. Trust Him.

He will lead you to better places where your good nature will flourish.
 Quoting: TenStar'd


If I don't get the job that I'm interviewing for on Tuesday, I do plan to file. I really hate doing that, but I also can't live on nothing.

Thank you.

Yes, an assisted living facility. What hurts the most is that I'm going to miss my patients SO much. You can't help these people day after day and not form a bond with them. hf

I wouldn't go that far, haha, but thank you =)

I hope so, I'm trying to keep the faith! hf
"Live each day like it's your last, love like you've never been hurt, and dance like no one is watching."
Anonymous Coward
User ID: 27129259
United States
12/14/2012 11:53 PM
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Re: Can my employer do this?!?!
don't take this wrong because I think you are a very good worker and a caring mom

is there anyway you can quit and stay home with the little ones?

Maybe babysit a few others for income?
Or get a part time job?
I know its hard to make ends meet.

I have two married daughters who don't have kids yet. I keep telling them, don't have them till you can stay home with them for a few years...preferably 18 years if possible.

I stayed home and raised mine, it was tough but we managed, used beater cars, no vacations except to gma's for a week out of state, hand me down clothes, thrift store clothes and toys. Payless shoes and kmart jeans.
Lots of macaroni and cheese, hot dogs and canned veggies.
We had a garden but my kids hated fresh veggies, but that would have helped with the food bill.
I used coupons, bought at food clubs, made the kids lunches.
Nobody had phones or phone contracts.
Ballet lessons where free (friend of the family).
They played in band with used instruments.

We scrimped and saved, spent diligently, the doctors gave us free medicanes and vaccines many times because he knew our story.

My husband is an electrician but we have had up and downs in income. I was blessed to stay home and raise them four kids.

I had two terrible bosses in a row, that is when I knew that God was telling me my job was to stay home and raise the children I wanted, and he gave me.

It's the best and most important job you'll ever ever do.
Anonymous Coward
User ID: 29911067
United States
12/14/2012 11:55 PM
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Re: Can my employer do this?!?!
I think he is being nice with the job abandonment he could just tell you to fuck off and be done with it.
You have been working there for "a while" but in all that time having your kids you haven't worked out some emergency child care arrangements?
You have to try to get to work however possible they wont even mind so much if you're late if you actually get there eventually.
 Quoting: Anonymous Coward 29373288


What kind of child care arrangements would you suggest for 3rd shift? PLEASE - give me names of daycares that are open then!! (sigh) - if it was JUST the broken down car - I could have dealt - found a ride somehow. If it had been JUST a sick kid - no problem, hubby's here with him. BUt both at once, just was too much. Hubby was trying to fix the car so we could use it again asap (had it towed to his brother's house about 25 mins away - brother has a garage), and the baby got really really sick. I dont mean something minor either. He's my 3rd boy - I'm way past the "overly worried" mom thing, lol. His fever went up to 103.2 - and that did alarm me. So, I called his pediatrician office, got through to the pedi. on call, and she said I should bring him in to be safe, so I did. While I was gone with him (its about a half hour ride both ways), I realize me making it to work probably wasn't happening. So, I did what my boss said to do - call co-workers and try to get your shift covered yourself before calling him. Made a few calls - no answers, left messages. Tried the person who does scheduling - no answer, then realized my cell had run out of minutes. I was desperate, so I emailed him, and gee....stupid me I guess - I thought between the messages I DID leave, and the emails, that that would show I WAS trying. But, according to my (ex) boss - what I SHOULD have done when I got home was leave my children home alone and go walking around in the dark looking for another phone. My husband was still gone, the friend who gave me and my kids a ride to the after hours/emergency clinic doesn't own a cell phone.

Don't tell me about "back up" plans - I have 3 boys, ages 9, 6, and 1 - I know ALL about having a plan "b" (and C, and D, etc).
 Quoting: amywood71605


I have empathy for you Op. Unfortunately even when you have some evidence Vermont doesn't always do the right thing when you report it.
scorpio66

User ID: 2453057
United States
12/14/2012 11:56 PM
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Re: Can my employer do this?!?!
Someone mentioned "start a daycare" and I had to chime in as I actually did that when my children were younger. Do NOT do it. It was the worst time of my life and not because of the kids but because of the other parents. They really suck! There were many times they flat out didn't pay me as if I didn't need the money (seriously, that was the attitude). There were many times I had to feed their kids or give them medicine from my own dwindling pocket. They would leave their violently ill vomiting child in my arms and toodaloo out the door joking for me to have fun. Many would refuse to take their kid to the doctor at all. My own children's belongings were damaged despite having an overflowing toy room.

I mean, maybe I just happened to get the worst of the worst, but it was truly awful and anyone that thinks that's an easy answer has probably never done it. I admit, it does seem like a good idea, but it is anything but!
amywood71605 (OP)

User ID: 23304834
United States
12/15/2012 12:01 AM

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Re: Can my employer do this?!?!
don't take this wrong because I think you are a very good worker and a caring mom

is there anyway you can quit and stay home with the little ones?

Maybe babysit a few others for income?
Or get a part time job?
I know its hard to make ends meet.

I have two married daughters who don't have kids yet. I keep telling them, don't have them till you can stay home with them for a few years...preferably 18 years if possible.

I stayed home and raised mine, it was tough but we managed, used beater cars, no vacations except to gma's for a week out of state, hand me down clothes, thrift store clothes and toys. Payless shoes and kmart jeans.
Lots of macaroni and cheese, hot dogs and canned veggies.
We had a garden but my kids hated fresh veggies, but that would have helped with the food bill.
I used coupons, bought at food clubs, made the kids lunches.
Nobody had phones or phone contracts.
Ballet lessons where free (friend of the family).
They played in band with used instruments.

We scrimped and saved, spent diligently, the doctors gave us free medicanes and vaccines many times because he knew our story.

My husband is an electrician but we have had up and downs in income. I was blessed to stay home and raise them four kids.

I had two terrible bosses in a row, that is when I knew that God was telling me my job was to stay home and raise the children I wanted, and he gave me.

It's the best and most important job you'll ever ever do.
 Quoting: Anonymous Coward 27129259


I stopped working back in May 2009, and stayed not working up until starting this job - I took those years to take care of my little ones (while they were so little) and do my schooling. I finished school in August. I want to work so my husband can achieve his goal of finishing college - so he can take a little more time to focus on school, the way I was able to.
"Live each day like it's your last, love like you've never been hurt, and dance like no one is watching."
amywood71605 (OP)

User ID: 23304834
United States
12/15/2012 12:02 AM

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Re: Can my employer do this?!?!
I think he is being nice with the job abandonment he could just tell you to fuck off and be done with it.
You have been working there for "a while" but in all that time having your kids you haven't worked out some emergency child care arrangements?
You have to try to get to work however possible they wont even mind so much if you're late if you actually get there eventually.
 Quoting: Anonymous Coward 29373288


What kind of child care arrangements would you suggest for 3rd shift? PLEASE - give me names of daycares that are open then!! (sigh) - if it was JUST the broken down car - I could have dealt - found a ride somehow. If it had been JUST a sick kid - no problem, hubby's here with him. BUt both at once, just was too much. Hubby was trying to fix the car so we could use it again asap (had it towed to his brother's house about 25 mins away - brother has a garage), and the baby got really really sick. I dont mean something minor either. He's my 3rd boy - I'm way past the "overly worried" mom thing, lol. His fever went up to 103.2 - and that did alarm me. So, I called his pediatrician office, got through to the pedi. on call, and she said I should bring him in to be safe, so I did. While I was gone with him (its about a half hour ride both ways), I realize me making it to work probably wasn't happening. So, I did what my boss said to do - call co-workers and try to get your shift covered yourself before calling him. Made a few calls - no answers, left messages. Tried the person who does scheduling - no answer, then realized my cell had run out of minutes. I was desperate, so I emailed him, and gee....stupid me I guess - I thought between the messages I DID leave, and the emails, that that would show I WAS trying. But, according to my (ex) boss - what I SHOULD have done when I got home was leave my children home alone and go walking around in the dark looking for another phone. My husband was still gone, the friend who gave me and my kids a ride to the after hours/emergency clinic doesn't own a cell phone.

Don't tell me about "back up" plans - I have 3 boys, ages 9, 6, and 1 - I know ALL about having a plan "b" (and C, and D, etc).
 Quoting: amywood71605


I have empathy for you Op. Unfortunately even when you have some evidence Vermont doesn't always do the right thing when you report it.
 Quoting: Anonymous Coward 29911067


Now that I will agree with, 100%! lol
"Live each day like it's your last, love like you've never been hurt, and dance like no one is watching."
Anonymous Coward
User ID: 1408355
Australia
12/15/2012 12:05 AM
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Re: Can my employer do this?!?!
With the unemployment rate was high, those of you who have jobs, especially shift jobs opposed to manager or desk jobs, have to pretty much kiss the bosses ass these days.
You need him (job) much more than he needs you.

I don't know the particulars about your situation other than what you wrote, but if you relied on someone else to relay a message to management then, I'd be pissed too if I were your superior.

I understand you had a series of bad luck events happen all at once but, tough shit! That's your problem (I'm just playing 'mean boss'. this is not necessarily my stance)

One is bad enough but when you have car issues, a sick child and no phone....it sounds like someone I wouldn't want working for me either. Too much drama.

Again, I am playing devils' advocate and putting on my "boss is a prick" hat.
Convince me why I should give you another chance?
 Quoting: Anonymous Coward 29150242


I DO understand the boss' point - I really do, and if I had consistently been late to or missed work due to: kids, car, etc......ok, but this was a fluke thing - seriously. When I said i've never missed a day otherwise, I wasn't kidding.

Thing is - I'm not so much upset over not having a job (I'll look for something else) - but I am just really angry/hurt at pretty much having it look like I didn't care, because that is very far from the truth. I hated 3rd shift, but I cared about the ppl I took care of so much, that I stayed with it because it was either stay on 3rd, or don't do it at all.

I know my personal problems are no one's issue but mine, and mine alone. If I'd been in trouble before - I'd understand it more, but to not only fire me but make me out to be someone who just doesn't care, didn't try, etc....that is what is bugging me.
 Quoting: amywood71605



It is because of all the people that did it before and were telling lies. Boss has heard it all before!!

If I were you I would go back sometime and tell him you were telling the truth, not for your sake but for the next person who has a real problem. Employers hear so much of this crap that they get real hardened to it.

It took years before women could get employed in any good job because it was believed they would leave once they got pregnant. Most did, and made it hard for the women that came after. They had an enormous battle to get a good job. I know you are too young to know all this.

You sound great, Try and understand it is not you. It is all the other assholes that used heart rendering excuses when they didn't feel like going to work that day. They are legion.
 Quoting: Anonymous Coward 1408355


I know, you're right. I'm sure plenty before me have had some great stories, excuse, and I REALLY DO understand how crazy my own sounds here. Seriously, how does THAT much go wrong in one day?!?! I only wish it wasn't true :-/
 Quoting: amywood71605



Your story does not sound crazy at all. Typical that all that shit happens in one day. I believe every word of it.

I hope you find a job you love with people who get to know you, so that if you can't get to work for some reason, they will know whatever you say is true. Good luck!
TenStar'd

User ID: 29921744
United States
12/15/2012 12:05 AM

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Re: Can my employer do this?!?!
Dear Amy,
File for unemployment and then pursue the other job.

You are valuable as a person and an employee.

I ascertained that you work in a nursing home or rehab facility.

You are an angel and God is watching over you. Trust Him.

He will lead you to better places where your good nature will flourish.
 Quoting: TenStar'd


If I don't get the job that I'm interviewing for on Tuesday, I do plan to file. I really hate doing that, but I also can't live on nothing.

Thank you.

Yes, an assisted living facility. What hurts the most is that I'm going to miss my patients SO much. You can't help these people day after day and not form a bond with them. hf

I wouldn't go that far, haha, but thank you =)

I hope so, I'm trying to keep the faith! hf
 Quoting: amywood71605


Amy, I worked in a nursing home... Yes the bonds that are gained are meaningful and the stuff that God made You of. You are His Servant and He strengthens you. Please, think about doing these two things.

1. go to say Merry Christmas and good bye to those you cared for. They will appreciate the visit.
2. Drop off a written letter to the man who fired you .. thank him for the opportunity to work with the residents.

Oh yea, and File unemployment ASAP. even if you get the other job, you'll get a weeks worth of what you paid into the system.

Blessings.
TENStar'd

Last Edited by TenStar'd on 12/15/2012 12:06 AM
I AM THAT I AM IN ALL THAT YOU ARE, IN YOU I LIVE AND MOVE AND HAVE MY BEING EVERMORE
Anonymous Master
amywood71605 (OP)

User ID: 23304834
United States
12/15/2012 12:28 AM

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Re: Can my employer do this?!?!
Dear Amy,
File for unemployment and then pursue the other job.

You are valuable as a person and an employee.

I ascertained that you work in a nursing home or rehab facility.

You are an angel and God is watching over you. Trust Him.

He will lead you to better places where your good nature will flourish.
 Quoting: TenStar'd


If I don't get the job that I'm interviewing for on Tuesday, I do plan to file. I really hate doing that, but I also can't live on nothing.

Thank you.

Yes, an assisted living facility. What hurts the most is that I'm going to miss my patients SO much. You can't help these people day after day and not form a bond with them. hf

I wouldn't go that far, haha, but thank you =)

I hope so, I'm trying to keep the faith! hf
 Quoting: amywood71605


Amy, I worked in a nursing home... Yes the bonds that are gained are meaningful and the stuff that God made You of. You are His Servant and He strengthens you. Please, think about doing these two things.

1. go to say Merry Christmas and good bye to those you cared for. They will appreciate the visit.
2. Drop off a written letter to the man who fired ysou .. thank him for the opportunity to work with the residents.

Oh yea, and File unemployment ASAP. even if you get the other job, you'll get a weeks worth of what you paid into the system.

Blessings.
TENStar'd
 Quoting: TenStar'd


Ahhh....i was wondering how u picked up on what this job was and why i keep saying i do care.....uve done it so u get this kind of work!

And i think i will go in to visit. I think the reason I got so emotional is because suddenly I am not going to see these people so often. No closure. Maybe i need that closure? There s one lady specifically. Has the beginnings of dementia....some stuff she always forgets but other stuff she ALWAYS remembers. She has 3 children like me and always said to me"ur amy....the gal with 3 boys"...then loved to ask about them...talk about her kids..etc.....every wed morning fter clocking out id go. See her for a bit and she s come to expect it almost. Oh man....tearing up again :(

Thanks again for ur kind words. hf
"Live each day like it's your last, love like you've never been hurt, and dance like no one is watching."
Anonymous Coward
User ID: 29926556
United States
12/15/2012 12:34 AM
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Re: Can my employer do this?!?!
If you live in an AT WILL employment state, which most are today...

The employer can do anything they want...


>except on a basis of some kind of race or sex discrimination but it is your burden to prove it.

And then, most employers end up getting away with a discrimination case because they have the lawyers who know all the loopholes in the laws...

most don't have the $$$$$ to keep fighting a case...


In short, and employer can do anything they want.
 Quoting: Anonymous Coward 29134382


Agreed, unless you can prove in court that you were fired becasuse of discrimination, there's nothing you can do.
girlonfire

User ID: 27205667
United States
12/15/2012 01:06 AM
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Re: Can my employer do this?!?!
Not sure how your state is but in mine you can't get unemployment if you were fired for abandoning your job. I think the only way you could fight it is if you showed up to work tonight which shows you didn't abandon your job. Otherwise a UE judge would rule it was abandonment and you won't be entitled to UE.
girlonfire
FamilyFirst

User ID: 18335718
United States
12/15/2012 01:17 AM
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Re: Can my employer do this?!?!
all i see in your post is excues after excuse after excuse.

YOU are what is wrong with America.
 Quoting: Anonymous Coward 42963


And I am sure you have never had a day that just went FUBAR. It must be nice to have sh!t that smells like roses. What an AZZ!!!aholegrannycrazyjak

Last Edited by FamilyFirst on 12/15/2012 01:18 AM
Anonymous Coward
User ID: 3530385
United States
12/15/2012 01:41 AM
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Re: Can my employer do this?!?!
It all depends, if there is no documented call in procedures and the scheduler is a member of leadership AND you have worked there for a year and worked 1250 hours they might have violated your rights under the FMLA. You do not have to express your intent to use FMLA just contacting them about an absent that might be covered puts them on notice and can protect you. If they have written policies of attendance notices and failed to follow their own polices you might have a wrongful termination case and if you a very good argument for unemployment. Employment at will is a very misunderstood idea, you have the right to sue at will for wrongful termination. If any of your rights have been violated contact an employment law attorney to review your case. What I have just presented in no means should be considered legal advice, please contact an attorney licensed to practice law in your state to review your termination.
Floyyd

User ID: 29224593
United States
12/15/2012 01:49 AM
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Re: Can my employer do this?!?!
I believed every bit of it... until you mentioned a pay phone.. hah
Floyyd
Gramdaddy390

User ID: 21546614
United States
12/15/2012 02:19 AM

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Re: Can my employer do this?!?!
Talk to an attorney about potential FMLA violations. It may be a long shot, but worth looking into nonetheless. I'd also encourage you to read up on FMLA for future reference. Damn near every medical condition qualifies under the act and if you get your paperwork in order and play it smart, you will never be reprimanded for missing work. A lot of people piggyback "shift-work sleep disorder" as a means to take advantage of FMLA. Just food for thought.

Best of luck.

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