Worried in Maryland…

Last year I was written up for saying something in the way of…. Why am I getting all these Spanish calls can’t people pick the right language? I DO NOT recall saying this but I signed the paper anyways. It was a final written warning. That was in the summer of 2009. So yesterday my mom went to the hospital for a heart attack. I start work at 10 am my supervisor doesn’t come in to work until after 1 pm. No cell phone are to be out in the work area. My cell phone was in my desk, at about 10:15 i had this feeling something happened. I looked in my desk and I had a text message from my dad to call him.
I logged myself into break and called him from my desk phone. He said I needed to come home they were going to do open heart surgery. Anyways I go tell a supervisor I got a text message and have to leave I tell her about my mom. She says to me, you got a text message? I said yes. She said, you know cells phone aren’t allowed this is an issue. I said, it was in my desk.
She said I will talk to your supervisor.

I have not been fired yet. Something is telling me it is coming. I have felt it for months now. Things have been weird at work. Based upon what you have experienced do you think I could get unemployment because of this?
When I go to work tomorrow should I write everyone’s name down that I know have had cell phones out? I want to be prepared once I am escorted out I can’t get back in.

Hi,

I don’t know because I’m missing the information that would help me answer your question and then my answer would only be an opinion about the probability that you would get benefits.

The first question to you would be .. what’s the rule about cell phones? How does the employee handbook tell you it will be enforced. What is the progressive discipline policy for general rule violations?

Second question, do they allow you to use them during breaks?

Third question, does the employer enforce the rule “uniformly”? (only because you mentioned getting names of others who apparently get away with it.)

Yes, right the names down, but document on the termination notice what happened and present the information that what you did was not intentional, but an inadvertent oversight and that you have not received any warnings at all about this.