Unemployment help

[kimbalynn2010]

What is the name of your state (only U.S. law)? Iowa

Hello, I was recently fired from a unionized factory l after 3 years of employment. I was terminated to attendance. I have a chronic migraine issue, and had missed many days because of the migraines. Until I was put on a probation for points, my allowed sick days were keeping up with my issues. I was given a 90 period to not miss any days because I maxed out my slotted points. When that happened I decided that I needed to cover myself in case I had another migraine in that 90 days. I went to the doctor and had them fill out fmla paperwork. I watched as the doctor faxed the paperwork, and assumed all was good. A few weeks later I had a terrible migraine and had to use fmla to miss work (still on probation). Fast forward 2 more weeks, and they called me into the office and terminated me, claiming that they never received my fmla papers. I tracked down the copy at the doctors office, and it was signed and dated the day I watched the secretary fax it out. My question is, now I have to do a fact finding interview and I'm wondering my chances of actually winning the case. I made a good faith judgement that the human resources office wouldn't loose my paperwork, and ended up loosing one of the best jobs I had ever worked. The union pretty much said, sorry bout your luck.

Oh and one more note. I got the notice for the fact finding interview and my employers number isn't listed, it's just 999-999-9999. Is this done on purpose to protect their number from me, or does that mean they may not answer...had to ask.

 

[cbg]

Faxes are notoriously unreliable, at least around here. Did you ever contact anyone to make sure the fax was received, or did you just assume it?

 

[kimbalynn2010]

I just assumed...i know it was a huge error in judgement, but it was an honest mistake. I had no reason to believe that the fax didn't go through. Fax machines don't just make faxes disappear into thin air....i would have thought that they would have worked with me for a legitimate medical disorder.

 

[Zigner]

Fax machines don't just make faxes disappear into thin air ...

Having been a fax user for nearly 30 years, I can assure you that they do, in fact, occasionally disappear in to thin air.
At other times, they actually get to their destination machine, but then the human factor takes over (ie: misdirected, accidentally tossed in the trash, stapled to an unrelated document, etc.)

 

[Zigner]

Oh and one more note. I got the notice for the fact finding interview and my employers number isn't listed, it's just 999-999-9999. Is this done on purpose to protect their number from me, or does that mean they may not answer...had to ask.

It's possible that the phone number wasn't provided by the employer, or that it wasn't recorded when entered in to the system.

 

[cbg]

I just assumed...i know it was a huge error in judgement, but it was an honest mistake. I had no reason to believe that the fax didn't go through. Fax machines don't just make faxes disappear into thin air....i would have thought that they would have worked with me for a legitimate medical disorder.

You would be amazed at how often faxes disappear into thin air. It does happen, and frequently.

 

[kimbalynn2010]

Okay, I understand now, but what do you guys think my chances of getting unemployment are. The doctor signed the fmla documents on the 6th of July, and I made a terrible mistake by not following up with HR, but will that cause them to deny me unemployment?

 

[kimbalynn2010]

Also, during the hearing, would it be helpful for me to have my fiance speak as a witness assuring the board that the majority of my call-ins were due to migraines?

 

[Zigner]

Also, during the hearing, would it be helpful for me to have my fiance speak as a witness assuring the board that the majority of my call-ins were due to migraines?

If you are unable to work due to medical reasons, then you are not eligible for unemployment.

 

[PayrollHRGuy]

Also, during the hearing, would it be helpful for me to have my fiance speak as a witness assuring the board that the majority of my call-ins were due to migraines?

Not at all. He is not a doctor and anything he said would be hearsay.

 

[kimbalynn2010]

If you are unable to work due to medical reasons, then you are not eligible for unemployment.

I am able to work, I sometimes experience migraines that temporarily make me unable to work. But it is nowhere near severe enough for me to be on disability or anything. I'm talking like one maybe 2 days a month.

 

[Dandy Don]

Did the doctor's office give you a CONFIRMATION that they received from the business they sent the fax to? If not, then try to get that.

It's possible (although probably unlikely) that the doctor could have mistyped one of the fax phone numbers and it could have gone somewhere else, but I'm assuming that he did enter the correct fax number and also assuming that perhaps your employer is LYING about not having received it.

Be confident and tell the truth when explaining your side of the story and we'll see how things turn out. That is all you can do.

 

[PayrollHRGuy]

... I'm assuming that he did enter the correct fax number and also assuming that perhaps your employer is LYING about not having received it....

Those are some pretty huge assumptions based on absolutely nothing that has been said in the thread.

I am sitting here right this minute waiting on a Doctor's office to resend for the 3rd time medical notes on a work comp case. The lady swears she faxed it to the right number and it went through. It didn't and she didn't because I finally called the office and talked to a friend of mine that works there and she walked to the fax machine, checked the log and it shows that the number was misdialed and failed.

 

[cbg]

On two separate occasions just within the past week I have had employees swear that they faxed something over just in the last two minutes, I swear, and when I checked the fax machine it was empty.

 

[LdiJ]

On two separate occasions just within the past week I have had employees swear that they faxed something over just in the last two minutes, I swear, and when I checked the fax machine it was empty.

I am finding faxes to be less and less reliable these days. I do not know if it is because people/companies are less concerned with making sure that their fax machines are in good working order, or they are not dedicating lines anymore or what.

I had a client today harassing me for hours because she needed a faxed copy of her tax return and yet for the entire time (until we closed) the machine I was supposed to be sending it to was perpetually "busy". That is not abnormal at all, it seems to happen on a weekly basis at least. The funny thing though was the release I had to send her to sign and send back before I could do that went fine...go figure...

I absolutely prefer emailing pdf files but due to privacy laws I can only do that if they gave us an email address when they were in front of us with ID.