Need some legal advice

tnxbutterfly · #1 06-06-2003, 11:19 PM

Ok

I've been at my company for 17 months. I work in a callcenter and basically hate my job.

Anyway, Monday,after I got off work, I went to the doctor. The doctor confirmed that I was sick and wrote me a note telling me I was too sick to go to work the next day. So that very same day, I went back to my place of employement and gave my sup my doctor's note and filled out a time off request form so I could get paid for Tuesday.

So today rolls around and my sup tells me that my time off request form did not get approved because to many people had taken off Tuesday and that I did not schedule to be off in advance. She basically gave two options, get paid for the day that I missed and get an attendance point because it was an unscheduled absence or not get paid for that day and not get an attendance point.

I feel that since I was under doctors orders, I shouldn't be punished because I didn't schedule my contagious illness two weeks in advance. I went to HR and HR bascially said what my sup said. It was an unscheduled absence so the attendance point stands. But if I'm a good girl, that point will roll off in 6 months

So my quesion is, if I was under doctors orders not to go to work because I was contagious, so I be forced to take this attendance point because it was an unschedule absence. It that even legal or is that unethical on their part?

I'd appericate any advice. I'm really upset about the whole thing. This is just the straw the broke the camels back and I am quitting this company in the near future. I'm thinking about filing a complaint, but wanted to see if it would be a waste of time.

Thanks for your help

Hootie · #2 06-06-2003, 11:25 PM

I dunno how many points you get or what your system is about but I'd just take the point. I mean it's not worth seeking legal advice over. If they try to pull something in the future and pull out that attendance point issue explain (and keep that dr. note). If they're gonna be that difficult maybe they're not the appropriate company to work for. I can't believe that they'd pull that crap because "too many people took off that day". I mean you can't control your illness and if you had a doctor's note that proves you went to see a doctor and weren't just playing hooky. If it still urks you, write a detailed letter explaining your story and send it to the head of Human Relations...or look through your employee handbook to see what the rules are (cuz maybe they're making stuff up).

tnxbutterfly · #3 06-06-2003, 11:38 PM

Not only did I have a doctor's note, I went back to work the SAME day and gave it to them.

I saw HR this afternoon, but HR was like we appericate you dragging yourself back to work to give us your doctors note, we still gotta give you the attendance point because you got sick on a day you were schedule to come to work. I even had HR go over the attendace policy with me. And even though, I had a doctor's note the fact that I didn't schdeule my illness 2 weeks in advance, I'm forced to take the attance point. It only takes 7 points to get you fired. I only have 5 more to go

Thanks for the advice

Hootie · #4 06-06-2003, 11:40 PM

What a crock. Sorry but that'd piss me off!

Tom Earp · #5 06-07-2003, 12:03 AM

I am not sure which Federal Govt. Agency that comes under the control of, but it aint worth getting a legal fleagal over.

As was said, keep ALL DOCUMENTS!

If in the future, if you have any more problems of this nature, I beleive thay are in a Violatin of Federal Regulatins. But, just getting this second hand, it is hard to be make any kind of proper legal decision!!

Good Luck!!

Oh, If this is your #1 and you get 7, how come you have 5 left?

If HR is your Companies people, who do you think they will side with?

I would be interested in finding out how this scenerio comes out!!!!

tinydancer · #6 06-07-2003, 12:20 AM

Txnbutterfly -

That is just messed up!! I'd be mad, too.

DigitalAngel126 · #7 06-07-2003, 01:05 AM

I'd be mad about the situation, but if you're going to leave the company in the near future, I say take the point, get the pay,work till you find another job, and then tell 'em to shove it!

CatStarESP4 · #8 06-07-2003, 03:34 AM

That is absolutely insane. I have never heard of people scheduling illnesses in advance before in my life. Hello, illnesses come to you when they want to, not when the company wants them to. It seems like these Pointy Haired Boss (Dilbert) rejects have forgotten that people do get sick and that illnesses aren't planned like vacations. The doctor's note should have overridden the denial of your time off. I can't believe that you were denied time off because you were sick and it was 'unplanned'. What is society coming too?!

I agree with Tom Earp when he said keep all documents just in case something like this happens again. At least you would have proof if the company is in violation of fed. regulations. Good luck!

aephi alum · #9 06-07-2003, 10:32 AM

If you're quitting in the near future anyway, I say take the point and the pay. If it becomes an issue (e.g. they have layoffs and get rid of anyone with attendance points) then you challenge it, in court if necessary. Otherwise it's not worth the hassle.

In the meantime, maybe you can pass your illness along to your boss and HR? j/k

tnxbutterfly · #10 06-07-2003, 02:59 PM

Quote:

Originally posted by Tom Earp

Oh, If this is your #1 and you get 7, how come you have 5 left?

I took off 4/15 (unscheduled ear infection) No doctors note, but I used my timecard to see why I got a point for that day. So I have 2 points

CatStarESP4- I love Dilbert. Yes we have lots of PHB's running around

LXAAlum · #11 06-09-2003, 12:58 PM

Quote:

Originally posted by tnxbutterfly
Ok

I've been at my company for 17 months. I work in a callcenter and basically hate my job.

Is this callcenter an outsourcer? If so, that might be some of the motivation for playing hardball with you and anyone else who doesn't show up...outsourced call centers typically only make money when people are in the seats, on physical calls (I worked for two outsourcers for six years in management positions)...

HR's focus is probably along with the rest of "upper" management - the bottom line. To them, it doesn't matter what the excuse is, you're costing the company money, bottom line.

However, if this continues to be an issue, you can contact a state employment agency just to inquire what your rights are, and I'd do that, just so that you are covered.

AOX81 · #12 06-09-2003, 01:10 PM

I worked in a hospital for 8 1/2 years and we were on a similar system. Lets say that you called in 3 days in a row but you went to the doctors office and got an excuse then the first day would be an unexcused call in and the following two days would be excused. If I remember correctly we were allowed to call in 3 times in a 6 month period. On number 4 you got written up. I can remember two instances that I had no control over that I HAD to call in and it went on my record. I didn't care...it went off my record after 6 months...I wouldn't worry about it too much.

The bad part about taking sick time is that you only received 60% of your pay...which makes a lot of people think twice about calling in. If you are a full time employee you receive 40 hours of personal time that you can use for any days off that you have or want. Everyone accrues sick time and vacation time. Sick time can only be used if you need to schedule a doctors appointment, a hospital stay, or a call in. Vacation time could only be used if it was approved in advance.

tnxbutterfly · #13 06-09-2003, 06:19 PM

Quote:

Originally posted by LXAAlum
Is this callcenter an outsourcer? If so, that might be some of the motivation for playing hardball with you and anyone else who doesn't show up...outsourced call centers typically only make money when people are in the seats, on physical calls (I worked for two outsourcers for six years in management positions)...

HR's focus is probably along with the rest of "upper" management - the bottom line. To them, it doesn't matter what the excuse is, you're costing the company money, bottom line.

However, if this continues to be an issue, you can contact a state employment agency just to inquire what your rights are, and I'd do that, just so that you are covered.

Yeah it is an outsourcer. The contract I'm on is Dell. It's gotten so bad that we have to ask permission to go to the bathroom. If we need to be off the phone for anything other then approved breaks and lunches, we have to get permission from a sup or mentor.

Thanks for everyone's advice. I don't think I'm going to file a complaint just yet. If things go the way I hope, I'll be out of there by the end of the month

FuzzieAlum · #14 06-09-2003, 07:59 PM

OK, I'm partially playing the devil's advocate here -

So what if you have one point? Or two? You're not punished until you have seven. It sounds to me like the system is designed to accommodate illness - you basically get six sick days, except instead of calling them sick days they call them points.

Now if you get automatically fired at 7, that's a problem, a legal problem, because you can't get fired for getting sick.

I'm not saying this is a good system - what's wrong with old-fashioned sick days? - but that it's not quite as evil as everything else thinks it is.

I used to have a job where every time you were sick they demanded a doctor's note? Infantalizing? Yes. But on the other hand I knew how many of my co-workers were "sick" on the golf course, and I know why the company had a policy like that. If your company has an absenteeism problem, this may be their attempt to deal with it.

tnxbutterfly · #15 06-09-2003, 09:50 PM

Quote:

Originally posted by FuzzieAlum
OK, I'm partially playing the devil's advocate here -

So what if you have one point? Or two? You're not punished until you have seven. It sounds to me like the system is designed to accommodate illness - you basically get six sick days, except instead of calling them sick days they call them points.

Now if you get automatically fired at 7, that's a problem, a legal problem, because you can't get fired for getting sick.

I'm not saying this is a good system - what's wrong with old-fashioned sick days? - but that it's not quite as evil as everything else thinks it is.

I used to have a job where every time you were sick they demanded a doctor's note? Infantalizing? Yes. But on the other hand I knew how many of my co-workers were "sick" on the golf course, and I know why the company had a policy like that. If your company has an absenteeism problem, this may be their attempt to deal with it.

There are other ways you can get points. Here's the breakdown

Unscheduled Absence- 1 point
Tardy 5 to 15 minutes- 1/2 of a point
Tardy 16 minutes to 4 hours- 1/2 of a point
Tardy more then 4 hours- 1 point
First no call/ no show- 5 points
Second no call/ no show- 7 points

At 3 points you get written up, at 5 it's a final written,then at 7 it's out the door you go.

But like I said, I'm going to take the stupid point and hopefully by the time the end of the month comes, I will be spreading my wings somewhere else