Unemployment eligibility (Tardies due to illness)

(Michigan)

I have worked at my job for 3 1/2 years. I have missed work on occasion due to kidney disease but always have medical documentation.

I work 11 hr days and over the past couple years my medical condition is becoming worse. To the point the hours and stress level are debilitating mentally and physically. I am late quite often due to feeling like I’ve been hit by a mack truck every morning.

I have difficulty sleeping as well. I am usually 1-5 min late. In which they dock me 15 minutes pay for even 1 minute late. I have asked repeatedly to get off earlier so I can get my stuff done at home and get to bed at a reasonable hour. Right now I get home at 6:30 every day and am so exhausted from my job and in pain I can barely move. Before, I’m up and ready to do it again.

My family has even noticed how the stress and hours have depleted my health. They said I can come in a half hour later but I still have to stay till 6. Other employees come in between a half hour and hour late everyday and are not badgered. Yet, I am 1 minute late and they jump down my throat. Other employees get off early every single day. Due to their kids, yet they will not recognize my illness and accommodate me.

Needless to say I was let go. I addressed my feelings on the favoritism and being singled out in which case they stated I was being childish. Yet, I was badgered daily whether on time or 1 minute late. I told my manager I really needed to get off earlier due to my health. I could not handle the 11 hour days anymore. If he could not oblige I would have to look for something else. He stated, you are the best secretary we have ever had in 30 yrs. However, I think it’s best if we just part ways now. Then let me go. Will I be able to draw unemployment?

Hi,

You know, the truth is, I can’t really answer that question, at least not based only on the available information you provided me with.

But if forced to guess, I’m leaning toward you ending up denied benefits. So, I’ll try to explain why I feel that way.

It isn’t that I don’t see any possibility for an employee in the position you were in, to collect. But what you told me leaves me with a bunch of questions about a lot of things you didn’t mention, but should have. For instance, if this was all based on some advice from a physician, and if so, why didn’t you follow through and provide the employer with the medically documented advice from a doctor to get the work accommodation you were seeking, or even the possibility of FMLA leave, including the intermittent type often suited to those employees who are ill, but still deemed able and available to work .. by a doctor.

At the crux of my problems/questions with you getting benefits, are a couple statements you made above.

I see them as being potential weak points in your story that could just as well help disqualify you, as when an employer attempts to meet it’s burden to prove misconduct for a discharged. And in which case .. I’m still not quite sure you being fired .. was for tardiness .. or at least I have no knowledge about whether it might be a provable case of misconduct for unacceptable attendance issues .. or not.

So what statements did you make that bother me?

“My family has even noticed how the stress and hours have depleted my health.

“I have asked repeatedly to get off earlier so I can get my stuff done at home and get to bed at a reasonable hour.”

“They said I can come in a half hour later but I still have to stay till 6.”

“I told my manager I really needed to get off earlier due to my health. I could not handle the 11 hour days anymore.”

My hesitancy is grounded in your seeming insistence you get off of earlier than six .. when by your own account, the employer already told you, you could come in half an hour later which should of made being late a moot point.

And if your concerns was about your health/kidney disease getting worse, why didn’t you submit to the employer a request for a work accommodation due to your health .. backed up by documentation from your physician advising you to work less hours, whether specific to the AM or PM?

I ask, because it is medical documentation that often forces and employer to listen to reason and offer up the possibility of FMLA leave .. intermittent, or otherwise. to cover those hours your health forced you to miss work. Or just agree to alter the original terms and conditions of hire, such as hours worked, to accommodate a personal request made by an employee .. for a good personal reason

Of course FMLA (family medical leave act) for an employer, is more about staying in compliance with employment laws.

Chris