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Author Topic: HELP....PLEASE!!!!!!  (Read 5494 times)

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Offline kristellk

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HELP....PLEASE!!!!!!
« on: November 11, 2010, 05:55:03 PM »
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  • Have not been in awhile... but in need of some desparate help.. I was at my current job for almost 3 years..... Got FIRED last week due to missing work for Jace's Diabetes..... Apparently it affected my work... WHICH IT DID NOT.... I filed for unemployment and the lady was sooooo RUDE.... I thought well I willl KIll her w/ kindness as I have done NOTHING wrong... SIDE NOTE: the company I worked for was a small family owned busines... Father (Owner) Daughter (VP) well low and behold the "daughter" and I did not see eye to eye on ANYTHING... she did not understand diabetes... her comments me daily when  the nurse would call was DAMN, I cant believe you can't control his diabetes!!!!!  >:( <tsk.. I tried teaching HER about it ... she wantedd nothing to do w/ it.... NOw keep in mind she does NOTHING for the company besides payroll.,... her dad is non confrontational.... SHE LET ME GO....I was let go due to absenteism.... due to Jace.... I supplied Unemployment w/ all doctors excuses for his appointments etc... I had my hearing w/ the adjucator and OBVIOUSLY has NO CLUE how diabetes works... I'm soooooooooooo FRUSTRATED...... It sounds like LONNIE from unemployment is going to deny my funds.!!! I"M BESIDE MYSELF...!!! The owners daughter mind you was gone at least onde a week, came in when she wanted took 3 hour lunchs.... ANd Im the one   that gets fired.! Her dad is aware of this ... but he says he can't fire her cuz his grandchildren need money.... I She steals from the company..sooo many things he has no clue about... I'm livid and just sick that I can be discriminated against cuz of diabetes... how will i EVER get a job... this is the second job that has done this to me... and I want to fight this unemployment... ITS NOT RIGHT... is htere any law out there? Please any workds of wisdome or help...... PLEASE

    Offline gsmama

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    Re: HELP....PLEASE!!!!!!
    « Reply #1 on: November 11, 2010, 06:10:56 PM »
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  • I am so sorry. I have no idea about what to say. Maybe something could be found in this:
    http://www.dol.gov/whd/regs/compliance/whdfs28.htm it's about the FMLA.

    Gosh, I hope someone on here can help.
    Leslie in New Jersey: mom to ava 11 (non-d) and giovanni 13 (dx'd T1D 7/25/07 and Celiac 1/14)

    Offline andrea

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    Re: HELP....PLEASE!!!!!!
    « Reply #2 on: November 11, 2010, 06:19:20 PM »
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  • What state are you in?

    Mom to Annelies, 14 (Dx 18 Mar 08~Pumping MM Oct 08-May 12, Omnipod May 12-Aug 13. tSlim Aug 13+ ~Dexcom Oct 11), Katy, 18 (non-D) and Jory (non-D/US Navy)
    God created wine to keep Army Wives from taking over the world
    My blog

    Offline kristellk

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    Re: HELP....PLEASE!!!!!!
    « Reply #3 on: November 11, 2010, 06:26:58 PM »
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  • I am in Wisconsin..... I was a paralegal for 15 years but NEVER did Unemployment law!!!!!!

    Offline andrea

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    Re: HELP....PLEASE!!!!!!
    « Reply #4 on: November 11, 2010, 06:39:09 PM »
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  • me too :)

    I'll see what I can dig up... but while I do that... what was the size of the place you worked?  how many employees?

    Mom to Annelies, 14 (Dx 18 Mar 08~Pumping MM Oct 08-May 12, Omnipod May 12-Aug 13. tSlim Aug 13+ ~Dexcom Oct 11), Katy, 18 (non-D) and Jory (non-D/US Navy)
    God created wine to keep Army Wives from taking over the world
    My blog

    Offline JoesMom

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    Re: HELP....PLEASE!!!!!!
    « Reply #5 on: November 11, 2010, 06:51:54 PM »
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  • how many employees at this company?


    Julie - Mom to Michael (28), Joe (21 - dx 1/24/07 - Omnipod), Sam (19), and Sarah (17) - and Sadie/Deeya (my Soi Dogs)
    'Colorful' Colorado

    Offline kristellk

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    Re: HELP....PLEASE!!!!!!
    « Reply #6 on: November 11, 2010, 06:56:04 PM »
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  • The Owner, his daughter (VP), accounting person, me- in the office (he fired roject manager cus his daughter hated him..... We have about 12 field goes ... that work on jobsites. And yes I was given 2 Warnings about being gone... TRIED again to explain diabetes  DID NOT WORK,,, it boils down to ..... SHE did not like me...

    Offline andrea

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    Re: HELP....PLEASE!!!!!!
    « Reply #7 on: November 11, 2010, 06:56:11 PM »
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  • FMLA: if the place of employment was less than 50 people there is no FMLA coverage... hoping that this is not the case

    When we first moved here I applied for UI benefits... it took awhile and had to go up through a fact finding interview and then it had to go through the decision process... during the interview they asked why I left my job and moved here to WI before I got a new job... well, because our housing in Germany was dependant on my husband being stationed there and I would have been homeless?

    Anyways... go through the UI application process... they have to do the Fact Finding Interview AND since your employer severed the relationship, they have the burden of proof to show that it was for misconduct

    I will help you google whatever you need... in the meanwhile, gather up everything you have... copies of anything you've provided them... and copies of your pay stubs... you'll probablyneed this for the UIB process

    Mom to Annelies, 14 (Dx 18 Mar 08~Pumping MM Oct 08-May 12, Omnipod May 12-Aug 13. tSlim Aug 13+ ~Dexcom Oct 11), Katy, 18 (non-D) and Jory (non-D/US Navy)
    God created wine to keep Army Wives from taking over the world
    My blog

    Offline JoesMom

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    Re: HELP....PLEASE!!!!!!
    « Reply #8 on: November 11, 2010, 07:04:54 PM »
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  • As Andrea said, FMLA only applies to certain situations, over 50 employees and so many days with the company. 

    IF you are denied unemployment then file an appeal within the specified time frame.  Gather your documents, go back through your calendar and mark the days you were absent against the days you were at the doctors, or home with your child because of D.  Create a journal, include comments she made to you, so that you have them when asked during the hearing.  Load them up with information.  Request a hearing.  When do you expect to hear whether it was denied or not?

    The unfortunate thing is that most states are called "at will."  Without violating your constitutional rights, you can quit whenever you want and they can fire you whenever they want.  An employer with fewer than 50 employees has more stretch room with regard to termination because there is no FMLA holding it to it, only good integrity, which it sounds like it does not have.

    You should now, if you have not already done so, file for medicaide assistance, including food stamps, medical and financial assistance.  You no longer have to claim this income.  And this is the reason we pay these taxes, to help you.

    Keep me posted.  I am but a lowly paralegal but will help if I can.
    « Last Edit: November 11, 2010, 08:46:37 PM by JoesMom »


    Julie - Mom to Michael (28), Joe (21 - dx 1/24/07 - Omnipod), Sam (19), and Sarah (17) - and Sadie/Deeya (my Soi Dogs)
    'Colorful' Colorado

    Offline andrea

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    Re: HELP....PLEASE!!!!!!
    « Reply #9 on: November 11, 2010, 07:13:06 PM »
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  • Also, I know this will be hard... but try to keep emotion out of your filing... just state the facts... I'd do the online file and save it (stop claim) and go back reread and edit...

     <hug>

    Mom to Annelies, 14 (Dx 18 Mar 08~Pumping MM Oct 08-May 12, Omnipod May 12-Aug 13. tSlim Aug 13+ ~Dexcom Oct 11), Katy, 18 (non-D) and Jory (non-D/US Navy)
    God created wine to keep Army Wives from taking over the world
    My blog

    Offline haysmom

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    Re: HELP....PLEASE!!!!!!
    « Reply #10 on: November 12, 2010, 01:16:37 AM »
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  • I actually do Human Resources (well, right now I'm laid off do to working for a non-profit and cut backs) but my degree is in Business Management and my experience is in HR. Yes, to qualify for FMLA the company has to have a minimum of 50 employees. However, I would contact an employment lawyer in your area and explain your circumstances. The Americans with Disabilities Act covers discrimination against employees with disabilities but I believe there are loopholes in one of the laws (I may need to dust off some text books here) that would cover discrimination against you due to your childs disability. The ADA covers employers with at least 15 employees.The ADA does prohibit employers from discriminating against someone because that person is related to or associates with someone who has a disability. I'm really not sure if you would have a case but an employment lawyer would easily be able to tell you yes or no and they usually do free consultations.
    As far as your unemployment goes, I'm in WV not WI but I've attended many unemployment hearings and when employees are terminated due to attendance, they always win in this state. If you are denied benefits, you appeal and request a hearing. And Joe's mom is correct - present everything you have at your unemployment hearing. I'm confident in you winning that. The person who filed your unemployment claim is not usually the one who does your hearing and that goes to a panel to determine. Employment at will states stink! I'm in one too! As long as you are not terminated based on discrimination under a protected class, there isn't much you can do to get your job back. I suggest that all T1 parents, and parents of any disabled children, work for larger companies so you know you will qualify for fmla one you've been there for 12 months. Keep us posted and good luck!  <hug>
    Michelle ~ Mom to Haylee, 16 (dx 7/28/09 - pumping MM) & JT, 18 (non D) ~ West Virginia

    Offline andrea

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    Re: HELP....PLEASE!!!!!!
    « Reply #11 on: November 12, 2010, 07:59:32 AM »
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  • Not sure where in WI you are... but when we 1st entered the world of D we found roadblocks in Army policy in care of children with d... I contacted the ADA and they put me in contact with this lawyer...

    http://salawdehlaw.com/

    she was not probono and did have a reduced rate if we had chosen to go the discrimination route... we did not but I did talk to her via phone and several times via email... she was very nice and I believe she also does employment law and UI appeals

    she is in the Milwaukee area (I am across the state in Tomah)

    Mom to Annelies, 14 (Dx 18 Mar 08~Pumping MM Oct 08-May 12, Omnipod May 12-Aug 13. tSlim Aug 13+ ~Dexcom Oct 11), Katy, 18 (non-D) and Jory (non-D/US Navy)
    God created wine to keep Army Wives from taking over the world
    My blog

    Offline kristellk

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    Re: HELP....PLEASE!!!!!!
    « Reply #12 on: November 12, 2010, 01:24:38 PM »
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  • andrea- You are in Tomah, WI (Fort Mccoy??) I am right in La Crosse... about 40 minutes.... I use to do alot of work at Ft. Mccoy.... Thanks for your information. I may call that atty. I should know tomorrow or Monday if my benefits are denied. I"M PRAYING MY LITTLE HEART OUT THAT THEY ARE NOT..... gonna be a long weekend....!!!

    Offline andrea

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    Re: HELP....PLEASE!!!!!!
    « Reply #13 on: November 12, 2010, 01:42:26 PM »
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  • andrea- You are in Tomah, WI (Fort Mccoy??) I am right in La Crosse...

    You're in the "big city"! Our usual weekend jaunt for errands <roflmao>

    is your endo at Gundersen or Skemp?

    but I'll only be here a little longer... we're being stationed in the Chicago area next :)

    Mom to Annelies, 14 (Dx 18 Mar 08~Pumping MM Oct 08-May 12, Omnipod May 12-Aug 13. tSlim Aug 13+ ~Dexcom Oct 11), Katy, 18 (non-D) and Jory (non-D/US Navy)
    God created wine to keep Army Wives from taking over the world
    My blog

    Offline RaymiesMom

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    Re: HELP....PLEASE!!!!!!
    « Reply #14 on: November 12, 2010, 04:44:49 PM »
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  • All Ican offer is  a big <hug>
    April, NJ: Mom to Raymie age 20, Dx. 11/11/03 and Tracy, age 23.
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