Re: Unemployment (MA)
- From: gordonb.1ace5@xxxxxxxxxxx (Gordon Burditt)
- Date: Sat, 19 May 2012 05:47:09 -0500
I have worked for the same employer for 6 years in Massachusetts,
starting as a temp, then an entry-level full-time (35 hours/week)
union position, and for the past 3 years in a higher position. My
Higher *union* position or higher *non-union* position? It makes
no sense to talk about your union sick days if you are not *currently*
in a union position.
Unemployment will generally not pay if you quit your job voluntarily
or are fired for cause (e.g. stealing, not showing up for work, not
doing the work, etc.) Absence due to claimed illness is a bit
fuzzy.
At one extreme it could be argued that you have a disability and
the employer has a duty to provide reasonable accomodation (which
might involve letting you take unpaid time off, for, say, kidney
dialysis). At another extreme your employer might claim you are
just ditching work. Evidence from your doctors might help here.
So there is a chance that I will be terminated for absences, though I
have not violated the absence policy and not responded yet to their BS
letter about my "excessive absences" which have never exceeded those
allotted to all union employees.
If they try that, can your union rep protest? It is at least worth
discussing this situation with him, now.
I suggest that in a reply to their letter about "excessive absences"
you point out that you have not exceeded the limit set by their policy.
Bad on me -- but the point is I want to get out of this position and
collect unemployment, so how do I do it?
The best approach is not to collect unemployment. Find another job
*FIRST* (quietly), then quit and move to the new job. Of course, in
the current economy, that may be difficult. Voluntarily quitting
will also deny you unemployment (unless you plan to substantiate
a claim of a hostile workplace), so don't.
My understanding is that the last event if they terminate me will be
the deciding factor in whether or not I get unemployment -- so if they
terminate me for excessive absence, will I be eligible? What sort of
Your answer to that is that your absences were not excessive by
their own policy. (Try very hard to keep it that way). You might
also present evidence from your doctors of a condition which requires
absences.
Is there a reason that they might legitimately consider your absences
excessive? For example, you accumulated 6 years of sick leave, then
used it all in the last 6 months?
I believe that before they deny you unemployment benefits, you are
entitled to make a statement to present your side of the case. You
might start gathering and keeping (at home) evidence of your absence
record and remaining available sick days. If things like "available
sick days" appear on paycheck stubs, keep them.
.
- References:
- Unemployment (MA)
- From: G Boston
- Unemployment (MA)
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