djsmooth1964
New Member
I am new here and looking for a little assistance. I will lay this out for you.
The Attendance policy was as follows: 6 occurrences = a written warning, 9 occurrences = final warning, 10 occurrences = termination. I had received a final warning as of Dec. 31 2006. I worked closely with my supervisor to ensure that I did not exceed occurrences that would end up in termination. I was enrolled in the FMLA program because of devastating cluster migraine headaches. My son also suffered from them as well and he was on the FMLA policy. I missed on an average of 1 day a week of work and sometimes weeks at a time. My job performance while at work was excellent as you can see from my evaluations. As I stated previously, I had received a final warning, which is where the discrepancy begins. FMLA reporting the wrong dates not once but three times was the beginning of the mistakes. My supervisor had to contact them to have them make the correction. He would let me know if a date had not been approved. I would then call the FMLA office to determine what the problem was and we would handle it from there. On my final warning dated 7/21/06 and signed on 7/25/06, the occurrences were 1/17/06= ½ occurrence: 1/24/06= ½ occurrence: 2/17/06 1 occurrence: 3/8/06 1 occurrence: 3/13/06 1 occurrence: 3/24/06 1 occurrence: 4/6/06 1 occurrence: 4/10/06-4/12/06 1 occurrence: 4/14/06-4/21-06 1 occurrence: and 5/9/06 1 occurrence. Subsequently, 5/9/06 should have been 5/10/06 and was latter removed as an occurrence. This put me at 8 occurrences. I had a ½ occurrence on 8/17/06 bringing me to 8 ½ total.
At the beginning of the year all vacation, sick and personal time is replenished. I had 80-hrs vacation and I believe about 36-hrs sick time. I came to work on the 2nd of Jan. as normal. I worked that day and the next and was out on the 4th. I was out the next week calling in everyday as per the policy. I spoke to the rep that I was suppose to speak with when you are out and she advised me that she would notify my supervisor. I called in everyday that I was out. The next week I called in on the 15th and spoke with the rep she advised that she would notify my supervisor. I called in on the 16th she advised that she would notify my supervisor and I should call the HR dept. I had let my supervisor know the previous week that I would just use my vacation time, which is what FMLA, required any way so I thought that was why the rep wanted me to call HR. I spoke with Glenda Davis in the Human resources dept. and she advised me that I had incurred 11 ½ occurrences and was terminated. I asked her to go over the dates with me because this did not correspond with what I had and was written up for. They were as follows: 1/17/06= ½ occurrence: 1/24/06= ½ occurrence: 2/17/06 1 occurrence: 3/8/06 1 occurrence: 3/13/06 1 occurrence: 3/24/06 = ½ occurrence: 3/31/06 = 1 occurrence: 4/6/06 = 1 occurrence: 4/10/06 = 1 occurrence 4/14/06 = 1 occurrence: 7/13/06 = 1 occurrence: 8/17/06 = ½ occurrence and 1/11/07 = 1 occurrence. As you can see, 3 dates have been added. 3/31/06 and 7/13/06 did not appear on the final written warning that I signed dated 7/21/06. I contacted FMLA and Glenda Davis had already contacted them. FMLA first told me that the 2 dates were approved. I called Glenda back to advise her of this but only got voicemail and I left a message, which was never returned. I called FMLA again about 15 min. later and this time was told that they were not approved. I have the paperwork showing hrs on both dates approved.
Glenda had advised me that I would receive a separation notice in the mail with instructions on how to appeal this termination. I received the separation notice, but nothing on any kind of appeal. I was advised that my personal items would be sent to me via UPS. This was done but 4 certificates that I earned were conspicuously absent from the items. They could have not been overlooked because they were all hanging on my cubical. On the separation notice it was listed that I was terminated on Jan. 4th 2007 even though I did not find out until Jan. the 16th. I also had an occurrence on Jan 11th, a full week after I was terminated. According to the dates provided by Mrs. Davis, I should have been served with the termination papers at the end of Aug.
I think this was done to keep from paying me my vacation time and ensure that I could not thwart the termination effort. If there is a date that is not approved, I have a year to have my supervisor call and get it approved. My last check was for 0 dollars so not only did I not receive my vacation pay, I was not paid for the 1st 2nd or 3rd which I physically worked.
I know that an employee absent can cause a host of problems, not to mention an employee who misses at least 1 day a week. I argue the way I was fired and treated afterwards was wrong. The addition of days to the final written warning that I signed was wrong. Not being paid for at least the days I worked was wrong. The hardship and further medical aggravation my family and I suffered form this action was wrong and uncalled for. Giving an occurrence to me after I was supposedly fired was wrong. Withholding my personal belongings was wrong. I believe that because I was on FMLA I was a target and those dates were with held from the final written warning to insure that I was ousted.
The Attendance policy was as follows: 6 occurrences = a written warning, 9 occurrences = final warning, 10 occurrences = termination. I had received a final warning as of Dec. 31 2006. I worked closely with my supervisor to ensure that I did not exceed occurrences that would end up in termination. I was enrolled in the FMLA program because of devastating cluster migraine headaches. My son also suffered from them as well and he was on the FMLA policy. I missed on an average of 1 day a week of work and sometimes weeks at a time. My job performance while at work was excellent as you can see from my evaluations. As I stated previously, I had received a final warning, which is where the discrepancy begins. FMLA reporting the wrong dates not once but three times was the beginning of the mistakes. My supervisor had to contact them to have them make the correction. He would let me know if a date had not been approved. I would then call the FMLA office to determine what the problem was and we would handle it from there. On my final warning dated 7/21/06 and signed on 7/25/06, the occurrences were 1/17/06= ½ occurrence: 1/24/06= ½ occurrence: 2/17/06 1 occurrence: 3/8/06 1 occurrence: 3/13/06 1 occurrence: 3/24/06 1 occurrence: 4/6/06 1 occurrence: 4/10/06-4/12/06 1 occurrence: 4/14/06-4/21-06 1 occurrence: and 5/9/06 1 occurrence. Subsequently, 5/9/06 should have been 5/10/06 and was latter removed as an occurrence. This put me at 8 occurrences. I had a ½ occurrence on 8/17/06 bringing me to 8 ½ total.
At the beginning of the year all vacation, sick and personal time is replenished. I had 80-hrs vacation and I believe about 36-hrs sick time. I came to work on the 2nd of Jan. as normal. I worked that day and the next and was out on the 4th. I was out the next week calling in everyday as per the policy. I spoke to the rep that I was suppose to speak with when you are out and she advised me that she would notify my supervisor. I called in everyday that I was out. The next week I called in on the 15th and spoke with the rep she advised that she would notify my supervisor. I called in on the 16th she advised that she would notify my supervisor and I should call the HR dept. I had let my supervisor know the previous week that I would just use my vacation time, which is what FMLA, required any way so I thought that was why the rep wanted me to call HR. I spoke with Glenda Davis in the Human resources dept. and she advised me that I had incurred 11 ½ occurrences and was terminated. I asked her to go over the dates with me because this did not correspond with what I had and was written up for. They were as follows: 1/17/06= ½ occurrence: 1/24/06= ½ occurrence: 2/17/06 1 occurrence: 3/8/06 1 occurrence: 3/13/06 1 occurrence: 3/24/06 = ½ occurrence: 3/31/06 = 1 occurrence: 4/6/06 = 1 occurrence: 4/10/06 = 1 occurrence 4/14/06 = 1 occurrence: 7/13/06 = 1 occurrence: 8/17/06 = ½ occurrence and 1/11/07 = 1 occurrence. As you can see, 3 dates have been added. 3/31/06 and 7/13/06 did not appear on the final written warning that I signed dated 7/21/06. I contacted FMLA and Glenda Davis had already contacted them. FMLA first told me that the 2 dates were approved. I called Glenda back to advise her of this but only got voicemail and I left a message, which was never returned. I called FMLA again about 15 min. later and this time was told that they were not approved. I have the paperwork showing hrs on both dates approved.
Glenda had advised me that I would receive a separation notice in the mail with instructions on how to appeal this termination. I received the separation notice, but nothing on any kind of appeal. I was advised that my personal items would be sent to me via UPS. This was done but 4 certificates that I earned were conspicuously absent from the items. They could have not been overlooked because they were all hanging on my cubical. On the separation notice it was listed that I was terminated on Jan. 4th 2007 even though I did not find out until Jan. the 16th. I also had an occurrence on Jan 11th, a full week after I was terminated. According to the dates provided by Mrs. Davis, I should have been served with the termination papers at the end of Aug.
I think this was done to keep from paying me my vacation time and ensure that I could not thwart the termination effort. If there is a date that is not approved, I have a year to have my supervisor call and get it approved. My last check was for 0 dollars so not only did I not receive my vacation pay, I was not paid for the 1st 2nd or 3rd which I physically worked.
I know that an employee absent can cause a host of problems, not to mention an employee who misses at least 1 day a week. I argue the way I was fired and treated afterwards was wrong. The addition of days to the final written warning that I signed was wrong. Not being paid for at least the days I worked was wrong. The hardship and further medical aggravation my family and I suffered form this action was wrong and uncalled for. Giving an occurrence to me after I was supposedly fired was wrong. Withholding my personal belongings was wrong. I believe that because I was on FMLA I was a target and those dates were with held from the final written warning to insure that I was ousted.
