sick days with a Doctor note

[Willlyjo]

I was growing tired of simply telling willy he is wrong so I figured I would try a different tack. This way he has a way to escape looking like an idiot by providing support. His failure to support his claim...well... pretty much allows him to look like he has no support for his claims.

Do you know the difference between claim and opinion? Claim means to "assert"!! Opinion means "a belief not based on certainty, but what has the potential to be probable"!!

Now I did assert or claim that the employer cannot hold it against the Op for not being able to call in an hour before work started up again due to her leaving on her lunch break.

Generally speaking, that is a fact!! The great majority of employers would not hold it against an employee in a case like this. Otherwise, there would be mass terminations! Since there is not, I can only assert it IS true that (looking at human nature) most employers cannot and don't hold it against an employee if they once in a blue moon decide to call in sick after they leave during lunch period.

As far as my opinion regarding possible sucessful litigation on firing someone contrary to an employer's own policy, it is simply that--an opinion, which is a belief not based on certainty.

I can honestly say that at least half of you senior members should get a dictionary and look at the meanings of words before you spew your inaccurate assessments of my posts.

 

[justalayman]

Willlyjo;2731233]Do you know the difference between claim and opinion? Claim means to "assert"!! Opinion means "a belief not based on certainty, but what has the potential to be probable"!!

fine, then support your opinions with actually applicable case law.

Now I did assert or claim that the employer cannot hold it against the Op for not being able to call in an hour before work started up again due to her leaving on her lunch break.

did you not just say:

Claim means to "assert"!

why, yes you did. In fact, I copied and pasted it here. So, your question of "did I claim or assert" would be a ridiculous question because you just said they are synonymous.

but ultimately, yes, you did claim and as such, assert the employer cannot hold it against the op for not being able to call....

little willy posted:

Of course I would! As I said, I would expect a judge to have me re-instated if the employer policy states you must call in sick 1 hour before the shift begins, but yet I was fired because I left early during lunch time to the doctor because I was sick even though the doctor provided a doctor's slip stating I was indeed sick.

Generally speaking, that is a fact!! The great majority of employers would not hold it against an employee in a case like this

. it doesn't matter if every other employer wouldn't hold it against the employee. THe only thing that matters is; are they legally allowed to hold it against the employee and the answer to that would be; yes.

Otherwise, there would be mass terminations!

I guess you don't get out much.

Since there is not, I can only assert it IS true that (looking at human nature) most employers cannot and don't hold it against an employee if they once in a blue moon decide to call in sick after they leave during lunch period.

again, irrelevant

As far as my opinion regarding possible sucessful litigation on firing someone contrary to an employer's own policy, it is simply that--an opinion, which is a belief not based on certainty.

yet you asserted that your opinion was in fact supported by law.

I can honestly say that at least half of you senior members should get a dictionary and look at the meanings of words before you spew your inaccurate assessments of my posts.

I have one thank you. Would you like to borrow it? It would appear you don't have one yourself.

 

[Proserpina]

Do you know the difference between claim and opinion? Claim means to "assert"!! Opinion means "a belief not based on certainty, but what has the potential to be probable"!!

Now I did assert or claim that the employer cannot hold it against the Op for not being able to call in an hour before work started up again due to her leaving on her lunch break.

Generally speaking, that is a fact!! The great majority of employers would not hold it against an employee in a case like this. Otherwise, there would be mass terminations! Since there is not, I can only assert it IS true that (looking at human nature) most employers cannot and don't hold it against an employee if they once in a blue moon decide to call in sick after they leave during lunch period.

As far as my opinion regarding possible sucessful litigation on firing someone contrary to an employer's own policy, it is simply that--an opinion, which is a belief not based on certainty.

I can honestly say that at least half of you senior members should get a dictionary and look at the meanings of words before you spew your inaccurate assessments of my posts.

Willlyjo, I'm going to ask you outright.

How many cases have you litigated and brought to fruition? Results?

How many years have you spent as either an HR or other employment professional?

Remember, your claims can be verified....

 

[eerelations]

It's 'way past banning time for Willlyjo...

 

[pattytx]

It's 'way past banning time for Willlyjo...

Yep, the rope has been long enough for months.

 

[commentator]

A doctor's excuse is good for one thing. IF you are fired for the absence, though you had a doctor's excuse for the absence, you may have a better chance of being approved for your unemployment.

This by no means says your employer cannot fire you for absenteeism, or write you up for failure to follow the correct call in procedure, which seems to be the issue here, just because you had a doctor's note excusing your absence.

This happens all the time. Hundreds of times a week or months, everywhere. Employers can and do fire people for being off with doctor's notes, or write them up for absence issues, even when they have a note from a doctor. No, it isn't something you can sue them for.

It isn't an exact science, but it isn't exactly random, either. Most of us have seen a lot of this stuff before.

 

[GoIllini]

Now, if I was the boss, you can best believe I would question the sudden illness and subsequent time off especially given the knowledge the OP intended on missing those days for some personal reason. Just about anybody can buy a note from their doctor with no actual illness.

See, this is why, when I get sick, I first come into work, and get sent home by the company doctor. If the company doctor sends you home, it's a pretty safe bet you're really sick.

The best remedy for the OP is to not be sick for the next year or so. You can be throwing up, blowing your nose, whatever, but you're at work. If it's a smaller firm, MGMT will forget all about the time they thought you faked being sick after you accidentally sneeze on them a couple times or they see you running off to the bathroom to throw up. I had a similar experience with a very suspicious teacher in fourth grade and learned that the best way to avoid getting flagged for absenteeism is to instead have obvious issues with presenteeism.

Commentator's post was very well balanced. Most employment contracts these days are at-will. Your manager can fire you for something as ridiculous as the color of your tie (though not your skin) and you have no recourse but unemployment. It's not fair, but the alternative is a country where a random landscaping company can show up and force you to pay them $50 to mow your lawn.

 

[Antigone*]

Hey, Willly. Why don't you repost here the Foley, Khanna and Gray cases you cited in your last thread?

They are California cases afterall and, seeing as how you didn't read them and don't understand them, they might just apply to sick days, too, huh?

I am going to honor my friend quincy by buying rounds at the bar and grill tonight. Open bar folks... it is all on me

 

[pattytx]

Gollini, the great majority of employers don't have a "company doctor".

 

[Willlyjo]

It's 'way past banning time for Willlyjo...

Banning time? For what? That's a pretty serious statement to say its way past banning time for me. This type of reasoning is so off the wall--something I would hear on a Science Fiction program about...hmmm....martians lol!

 

[Willlyjo]

Yep, the rope has been long enough for months.

you and eerelations would make a good pair!

Why haven't I been banned? Because apparently the Moderators of this Forum DON'T think like you and MOST of the other ignorant Senior Members.

 

[Proserpina]

Banning time? For what? That's a pretty serious statement to say its way past banning time for me. This type of reasoning is so off the wall--something I would hear on a Science Fiction program about...hmmm....martians lol!

Is there a reason you haven't answered the questioned asked of you?

 

[Isis1]

Is there a reason you haven't answered the questioned asked of you?

Am I the only one that notices that Willly is arguing a termination and not a write up as the OP initially asked about???

 

[Willlyjo]

fine, then support your opinions with actually applicable case law.

did you not just say:

why, yes you did. In fact, I copied and pasted it here. So, your question of "did I claim or assert" would be a ridiculous question because you just said they are synonymous.

but ultimately, yes, you did claim and as such, assert the employer cannot hold it against the op for not being able to call....









. it doesn't matter if every other employer wouldn't hold it against the employee. THe only thing that matters is; are they legally allowed to hold it against the employee and the answer to that would be; yes.

I guess you don't get out much.

again, irrelevant

yet you asserted that your opinion was in fact supported by law.

I have one thank you. Would you like to borrow it? It would appear you don't have one yourself.

Let me put my response to the Op in the perspective in which it was meant. I'm sorry I thought you and the others were intelligent enough to understand it! I was wrong.

First, I did tell the Op that she might have a case to contest her written warning based on the fact she did have a doctor's excuse.

Now "case" for all intents and purposes meant (if you are capable of reading between the lines) that since the OP was written up by what it seems is a power driven, arrogant, "look what I can do" supervisor for not following a company policy, the possibility that higher ranking bosses WOULD allow exceptions such as going to the doctor at lunch time and calling in sick for the remainder of the shift, might exist.

Therefore, the Op might go over the supervisor's head and appeal to someone who has a more reasonable understanding of such a company policy, and get the written warning rescinded.

I did give the Op the opinion that since such circumstance didn't happen too often, she should just keep a low profile and do her work and hopefully, the written warning will be expunged at a later date (perhaps 6 months down the line) as is the case in many work policies regarding the expungment of such warning slips.

And also, as I mentioned in another post, there are circumstances in which an employee such as the Op can rebut an at-will status by showing an implied contract of employment that will not allow termination except for "just cause". This means that if the circumstances are right, being fired because you called in sick and produced a doctor's note proving you were sick would not be a "just cause" termination.

And finally for you Justalayman, I did say an employer cannot hold it against the Op for calling in sick and producing a doctor's note. By that I meant "rightfully" and "fairly"! You see, I'm an optimistic person-I look at the glass as half full instead of half empty unlike many sarcastic, ignorant, ego stroking entities I am amongst during some periods of my days.

It is reasonable for me to believe (based on common sense) that the consensus of Plant Managers, Supervisors, Lead Persons, etc...do indeed allow for exceptions that would result in quite less than a written warning for what the Op did--perhaps a verbal warning. I've seen this senario many times over the course of my history as an employee, why is it so hard to see it in this circumstance?

 

[Willlyjo]

Am I the only one that notices that Willly is arguing a termination and not a write up as the OP initially asked about???

Read your post over and over a few times! Who is arguing a termination? The Op was given a written warning!