Can I get unemployment or not? ?

Question

My son has to have a root canal done. I've been trying for the past month to get this done. I finally got an appt. for tomorrow. I put it on the calendar at work to let my employer know. She calls me and tells me I have to come in the work because she has suspended two teachers and she doesn't have no one to work in my class. My son pain comes and goes and I have been trying for a month to get him to the dentist but no one would take him since they didn't specialize in that type of work. (root canal) I call one place and they told me that they would call me back when the doctor that does the root canals let them know when he is coming. So he called them and I was excited. I can finally get this behind me. I call this dentist two weeks ago and I finally got an appt. now my employer is telling me that I have to come to work and my son really needs this done. If I don't show up tomorrow I know she has a right to fire me but will I be able to get unemployment. She told us "no show no job". But my son is getting this root canal.

Answer 1

You'd probably be ineligible but could apply and see what they say.  Some will depend on what your employer says to them.

Answer 2

The root canal will not take all day.  So, maybe you can still take your son to the doctor and go to work.  

If your supervisor doesn't know about your son's root canal. tell her/him that you have to go home because you are not feeling well. and take your son to the dentist.

Another option have a friend or relative take your son to the dentist.

If you get fired, you can try to collect unemployment, if they deny you, you can always appeal, I am pretty sure you will win the case.  Just make sure that you have a letter from the dentist, saying when will the next appt. would be if you cancel this one, and maybe also have another dentist give you in writing the next appoint.   This way you can present the evidence when you appeal.

Answer 3

Do you have proof that you told your employer you were taking the time off?

What does company policy say about requests for time off?  Must it be approved?

Generally, unemployment insurance is given when you lose your job by the employer's initiative and there has been no misconduct on your part, you have worked consecutively for the last 3 quarters excluding the current quarter, and the employment was full-time.  Misconduct can be subjective, though.  This is clearly not a case of job abandonment, but of the need to care for a dependant child.

You are in the midst of a medical crisis and your depandant needs care.  This qualifies as family medical leave, or FMLA.  If your employer fires you after you notified her that you had this medical crisis and needed the day off, you can not only collect unemployment insurance, you can also sue.

So if you can, get some proof that you wrote it down on the calendar - a cell phone picture or if it was electronic get a screen shot and/or forward it to an outside email address.  This proves you let her know in advance.  So go in sometime tomorrow or the next day and if she says you're fired, go to collect your things, and get that information for proof.

You may need to hire a lawyer, but believe me it's totally winnable and as long as you're not violating any laws in taking your son to the dentist, you can collect.

Also, go in to work before his appointment, and come right back after, assuming your son has child care available or can rest at home alone (how old is he?) and tell your boss that you will take the hours as unpaid FMLA leave if she prefers doing that over the paid leave allowance.  You might take a slight hit for the paycheck, but it'll put the boss in her place, remind her of the laws she's supposed to abide by.

Answer 4

Call tomorrow - say you have an emergency with your son.  Take him to the endodontist for his root canal.

Your employer is trying to intimidate you.  They don't have a right to do this.  Yes, she can fire you ~ but it will be without cause - and you will be able to tell your story to the Unemployment Hearing People - you will probably get the unemployment.  But you also probably WON"T be fired either - see what happens - but be sure you call and say there is a family emergency with your son - medical emergency.  Then see what happens.  Cross that bridge when you come to it.

You aren't on probation for anything else right now are you at work?  If this type of thing happens alot or if there is soemthing you agreed to in a probationary period - you might get fired for compounding a problem and then yuo probably won't get unemployment.

Answer 5

You should call the Board of Labor in your area to find out what your rights are. They are there for your benefit.

Unemployment have their own calculation. Although, Employers can protest - If it get to that point, I would apply any way.

I would go into work because jobs are hard to find and I am quite sure you need the money for the root canal. It is always good to get an understanding. Talk to your boss about your problem and try to work this situation out. I know you feel frustrated, but you can do it! ;>

Answer 6

I believe u should b able 2 because ur not abandoning ur job.  As long as you call out even if u left a msg u r letting them know that u will not b in. That's what substitutes r 4. Now u may be penalized because unemployment feels that ur job had a right 2 expect u there. But penalization is not that u won't receive the unemployment but it may b delayed.  If u have sick days, personals, vacation or holidays use 1 of those but if u fear losing ur job i don't think it's worth it 2 take ur son 2 get the root canal on that day.  

Instead of taking a whole day of work why not take a half a day if possible.  Or why not have another family member take him if you can  or why not take him 2 the emergency room?