[ScottGem]

Again you are going about this the wrong way. I doubt if you can justify your not reporting in. Given all the circumstances you relate I don't think you can justify it.

You speak of an appeal who did you appeal to? Was this done in a court?

I think you need to approach this from the angle of discrimination due to disability. I think that's the only angle you have.

[Wondergirl]

I went on short term disability 10 weeks prior I was hospitalized and diagnosed with manic deppresion. I returned to a hostile work enviroment but made full effort and missed 0 days. Then I began to lose sleep on a Thursday and on the following Tuesday I called in sick. That was my first day out. I went 4 more days without any sleep and was completely incapacitated. My wife left for a few days because it was not a good idea to keep my 2 year old in the home. I was acting bizzare and distant

1. Had you been prescribed medication when in the hospital?
2. If so, were you taking it when you were supposed to and at the correct dosage?
3. Why wasn't it a good idea for your wife and two y/o to be in the house with you? Were you a danger to them?
4. You were a danger to yourself. Why didn't your wife and/or the police contact your psychiatrist and get you readmitted?
5. Why didn't your wife call your employer to fill him in?

[gw_88]

1. Had you been prescribed medication when in the hospital?
2. If so, were you taking it when you were supposed to and at the correct dosage?
3. Why wasn't it a good idea for your wife and two y/o to be in the house with you? Were you a danger to them?
4. You were a danger to yourself. Why didn't your wife and/or the police contact your psychiatrist and get you readmitted?
5. Why didn't your wife call your employer to fill him in?

1.I was taken off medication at the hospital.
2.I was perscribed a new medication and yes I was taking it as prescribed up until about the 7th night without sleep. Stopping the medication finally allowed me to sleep. Curiously, the medication was to calm me and help me sleep.
3.I don't believe I was necessarily a danger but I was walking around talking to imaginary things and wasn't even aware of peoples presence. Not unless they got right in my face and grabbed my attention. My wife was scared because I was unpredictable. I could write for days and not be able to explain what was going on in my head. Funny I actually remember thinking I was in telepathic communication with one of my supervisors and that he was saying to take care of what I was going through and we would talk about things later. Maybe I should have said I did call but I used a alternative form of communication.
4. She did make a lot of phone calls but there was nowhere that would take me in our town in fact even the ER could not treat mental health in February. They took vitals and a urinalysis and said to get some sleep. They also recommended stopping one of the medications. There is not a psychiatrist in our town that take our insurance I had to tavel about 65 miles to see the one I had seen in February he had given me a drug he should not have given me which was a similar drug to one I told him I had a psychotic reaction to in 2000. After the ER trip I was just seeing my family practitioner and a psychologist. Mind you everyone started telling her that it sounded like I was using street drugs and she began to wonder and get angry she just got frustrated when everywhere she turned there was nowone to help.
5. I was employed by the same people who employ the police she knew I had contacted my supervisor on Tuesday before she left so being it a small town she figured everyone knew what was going on. They did but we talked some tonight and it really does seem like everyone involved believed I was on strong drugs illegal ones like meth or something. I say that because I was questioned and suspected of that in March when I returned to work. There was a huge line of questioning at the grievance hearing about me being a suspected meth addict. I haven't even had a drink in 6 years.

[ScottGem]

And none of that really matters. Knowing your condition, you should have made provision for this possibility. So the bottom line becomes you were absent without informing your employer.

So either you prove they were aware of it or you prove they are discriminating against you because of a disability. As far as I can see those are your options.

[Fr_Chuck]

Again sorry for what you went though but that does not change the fact that a company has a rule about notification if you are going to be out. You did not and they acted upon standard company rules ( that most companies in US use)

Scott is right, you may use this as an appeal when they deny your unemployment ( be sure and file)
But I don't even see a discrimination case, since there is no way you could work during those type of days, and did your work place known of the serious disability you have before this starteed ?

[gw_88]

Again sorry for what you went though but that does not change the fact that a company has a rule about notification if you are going to be out. You did not and they acted upon standard company rules ( that most companies in US use)

Scott is right, you may use this as an appeal when they deny your unemployment ( be sure and file)
But I don't even see a discrimination case, since there is no way you could work during those type of days, and did your work place known of the serious disability you have before this starteed ?

I did win the unemployment part and yes my employer knew of the disability. I had only missed work on 3 occasions in four years this was not an expected turn of events and I am just fine now.

[gw_88]

Has anyone heard of the FMLA?
There are such things as unusual circumstances. Those can negate the company call in policies if reporting the need for leave was at the time not practical. We are in America not Iran. If you get sick or injured and you have been as responsibe as you could be you have a leg to stand on that being your previous hard work your word and our republic.

[Alty]

Has anyone heard of the FMLA?
There are such things as unusual circumstances. Those can negate the company call in policies if reporting the need for leave was at the time not practical. We are in America not Iran. If you get sick or injured and you have been as responsibe as you could be you have a leg to stand on that being your previous hard work your word and our republic.

I'm not a legal expert, nor am I in the US, but I think the problem with your scenario (unusual circumstances) is that your wife was perfectly capable of calling in for you, but she didn't.

You've gotten great advice, and I'm sorry that you weren't told what you wanted to hear, but the facts are the facts, and Scott and Fr_Chuck gave you the facts.

I wish you luck.

[J_9]

Has anyone heard of the FMLA?
There are such things as unusual circumstances. Those can negate the company call in policies if reporting the need for leave was at the time not practical. We are in America not Iran. If you get sick or injured and you have been as responsibe as you could be you have a leg to stand on that being your previous hard work your word and our republic.

Unfortunately for you, you did not notify your employer that you wished to take leave under FMLA. You called out sick one day and did not call the other days you were out.

To qualify for FMLA you must notify your employer, in extenuating circumstances, the day or the next business day.

Employee Notice Requirements
Q. How much notice must an employee give before taking FMLA leave?
A. When the need for leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment, an employee must give at least 30 days notice. If 30 days notice is not possible, an employee is required to provide notice “as soon as practicable.” Employees must also provide notice as soon as practicable for foreseeable leave due to a qualifying exigency, regardless of how far in advance such leave is foreseeable (see FAQ for military family leave for additional information). The regulations clarify that it should be practicable for an employee to provide notice of the need for leave that is foreseeable either the same day or the next business day. In all cases, however, the determination of when an employee could practicably provide notice must account for the individual facts and circumstances.
When the need for leave is unforeseeable, employees are required to provide notice as soon as practicable under the facts and circumstances of the particular case, which the regulations clarify will generally be within the time prescribed by the employer’s usual and customary notice requirements applicable to the leave.

So, in actuality, if your employer has a 3 day notice policy and you failed to notify them within that 3 day time, you failed to comply for FMLA benefits with your company.

http://www.dol.gov/whd/fmla/finalrul...litaryFAQs.pdf

[ScottGem]

Yes we've heard of the FMLA, but, as J_9 pointed out, it doesn't apply here.

You keep grasping at straws when we have told you what your best tactics are.

[twinkiedooter]

Let's see. You already took a TEN week short term disability. Then you call in sick one day and don't show up. This leads me to think that your employer (the city) really does not want to "coddle" you any longer and decided to terminate you. You MAY have "scared" some of your co-workers and the city decided it's time you found employment elsewhere. They are well within their legal rights to terminate you even if you never missed a day, let alone "forgot" to call in.

This termination happened 6 months ago and you were approved for UE.

If you are that disabled that you need to be hospitalized have you ever considered filing for SS Disability? A lot of bipolar folks are on disability so this would not be out of the norm for you to be approved.

[twinkiedooter]

gw_88 disagrees: Some things we choose and some things we don't.

And just WHAT is this statement supposed to mean?

You have a lot of problems and at this point it probably would be better for you to NOT hold a regular job until you are totally better.

[ScottGem]

Comments on this post
gw_88 disagrees : Some things we choose and some things we don't.

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

I suspect you came here looking for affirmation that you treated illegally. But, unfortunately for you, we don't see it that way. We look at the law in making our answers.

[JudyKayTee]

You were treated according to company policy. I see no discrimination here.

Your responses here are out of line.

[gw_88]

I once argued with a guy for four years that a clock could appear to move counter-clockwise depending on the way you look at it. Finally, I presented him with a transparent clock and showed it to him from the back. His only response was it is still moving like a clock. There is in no way enough information included in this question to come to such a certain and absolute conclusion. I give you all a 10 for your opinionated frenzy. On the grade of wisdom a 5. It would be lower but at least 1 person thought to ask for more information. This reminds me of this guy has 2 purple hearts and a handful of other decorations. He is mentally ill getting old we have talked he panhandles, it's his right to ask, he gets spit on regularly probably by the same type of Americans that you all seem to be. That is my opinion. Tea anyone

[ScottGem]

First, you were told to review the rules of this site about using the comments feature. You ignored that and continue to use it inappropriately.

Second, while I agree with you that it often is impossible to give definitive advice based the little information provided. And often when that happens, we will tell you so. But I don't think that is the case here. I believe we have enough info to give the advice we have.

Finally, I see a lot of sour grapes here. Like I said previously, you came here seeking affirmation of your ideas and when you didn't get that, you strike back with insults. That is a reaction we see too often here. The clock thing is trickery and courts don't like trickery. No one "spit" on you. We told you the facts as we see them and I stand by what we told you. Until you can come up with proof that our advice was bad I have to believe its good.

[Fr_Chuck]

If the OP keeps just complaining with no interaction, this thread will be closed, It is obvious that they don't want any real help, just others to feel sorry for them

[fowler4]

Your not asking the right question. Your employer denied you a reasonable accomadotion under ADA 29 CFR(1630.2)(0)(2)(ii). They should have made an appropriate adjustment to the policy. Unless of course this would have caused an undue hardship such as a significant disruption to your employer's business. I believe you could make a case that missing a few days work is not that substantial a loss to a municipality. Your correct there are laws in America that protect the citizen from the big bad wolf. Your employer is obligated to interact in the discussion concerning a disability or medical need and that process should have been documented by your employer that is their responsibility. You should have signed papers waving your rights to things such as leave and accommodation if you signed no such things and can show you requested them even in a reasonably percievable fashion. Well if you reported it to the proper agencies you might hear good news in due time. Good luck and let this be a lesson if something like this happens again have a plan in place. An employer can dismiss you for any reason at will but they cannot break the law in doing so.

[fowler4]

There are many forms of biplolar disorder most have rare or mild occurrences.Your comment is very discriminatory. Would you say that about a cancer patient or a person with a brain tumor. Perhaps a pregnant women with complication. Coddled?