I was recently terminated due to “Excessive Tardiness and Absenteeism” from a very large orthopedic clinic here in Atlanta, and I wanted to post these notes to see if you have some insight on my case. I have a hearing tomorrow, and I have some questions as far as that goes also. To me, this case is a deliberate circumvention of proper procedure to not pay unemployment benefits, but I will see what you think.
I received the package of documents as “evidence” against me, and I found some of the documents very interesting. There are 2 written warnings that were signed by me, one of which I did not sign is obviously forged. My manager, who apparently signed the form for me, didn’t even care to spell my name correctly on the signature, and the signature looks almost identical to hers. The other document is a copy of an attendance report that she printed out, with circles around the times that I was tardy, which was never by more than 10 minutes. This printout is unsigned, unlabeled, and looks like something I can manufacture online, put in whatever I want, and hand write a bunch of notes on the page.
So, I have gone ahead and prepared some notes for my hearing, and I would really love to hear what you have to say.
- Key Word- Excessive
Other than the forged written warning (filed and dated 7/10/2009), there is only one written warning filed (written warning filed and dated 12/05/0
, which was filed as a verbal warning from my manager
Employer states that the termination was due to “Excessive tardiness and absenteeism from 2/17/09 to 7/23/09 (second page of timesheet report, as handwritten on the bottom of the page), however, there are no official written warnings filed during or following that time frame, other than the forged written warning document dated 7/10
Why are there no filed warnings during or following the specified time frames in relation to the Employer’s position for termination?
Key Word- Unexcused
During that time frame, I approached my manager to discuss potential future issues with “tardiness and absenteeism”. I was up front and proactive in discussing the fact that there would be days, and there would be times, that I would have to miss due to my ex-husband in jail, and a 3 year old who needed child care. I had no other resources to take care of my child if she were sick or needed to go to the doctor’s office. There were several conversations surrounding this point, and she told me to do my best, and if I was going to be late or absent, to call in. Every time that I was late due to childcare or similar issues, I was prompt to call and in report.
Credibility of Employer and Claim
The copy of the supposed attendance report should be inadmissible due to the fact that it is unidentified, unsigned, an unofficial. The Employer’s claim is backed printout that could be forged, similar to that of the written warning filed 7/10/2009
The copy of the final warning should be inadmissible due to the fact that it was forged.
The employer claims that I was laid off due to Excessive Tardiness and Absenteeism, however, there was never anyone hired after the termination to replace me.
Unfair Denial of Unemployment Claim
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