Terminated for Misconduct

by Tabitha

(whittier,ca)

I was out of work for 3 days the reason being my son who is 14 was injured at his soccer game where a cleat bruised the side of the face swelled and bruised . we did not go to the hospital for 2 reasons a close family friend said we could heal it at home and also my son did not want to go due to the fact he was injured the year before and was taken by the ambulance and was aware of the bill that the hospital had given us all the insurance didn’t cover. i contacted the HR dept and my boss that I would be out. on the third day i emailed my boss and HR that I would be out and be in the following day. I send this email thru my phone sent the message. At around 8am I was about to make a phone call when I see the cell phone was disconnected and see that the email did not go thru. My husband takes care of payment on the cell phone that is why I was unaware. i went to our home computer and in my inbox are 2 messages from my boss asking where am I and if I was coming in because I’m late, As I am about to respond my son walks out his room states that my boss called him and informs him I haven’t been to work in days, that no one has heard from me and asks my son where I am, and that my job is in jeopardy. At this point my son is shooken up says Mom call your boss hes sounds mad. I was bothered by my boss action it was not appropriate behavior and I replied to the email what had happened and that never to contact my son it was a stupid error.My boss replied asking are you threatning dont insult me calling me stupid . I replied saying No but it was a stupid error.The next day he ignored me four hours then HR called me in and said they were terminating me for misconduct and wouldnt be able to get benefits. I explained there was no reason for my boss to call my son I had never given that number out and that My sister and husband are my emergency contacts. I was denied benefits. I want to appeal but unsure if I have a case

Hi Tabitha,

Well I’m not sure .. because you have yet to tell me exactly what you were terminated for.

Was it insubordination?

Was it a failure to follow the employer’s call off procedures EACH day you were gone?

Was it because you were unable to produce any medical documentation for absences exceeding three days because of an employer’s rule?

I’m still trying to figure out why you had to be gone from work for three days .. for your 14 year old son’s injury .. when you, his mother, did not think his injury was severe enough to take him to the emergency room.

Frankly .. I do not believe you are being totally honest with me and you are certainly not focusing on what’s important here .. employer rules.