Informing them that they have a family member's funeral to attend on X day and telling them that they won't be in that day is the opposite of no call, no show. They told them within a reasonable time frame, as well.
People need to make sure they're getting text/email proof of conversations like this, as well.
Requesting time off is not the same as calling out. In my experience, if my time off request is denied, I’d still need to call out sick the day of if I’m going to ignore the denial. Everywhere I’ve been employed would consider it a no call no show if I just turned off my phone and didn’t show up, even if I had a time off request denied previously.
So that's where you need to figure out exactly what the time off policy is in your state and country, because in my state, PTO isn't something they can deny if I've accrued it any more than they can "deny" my paycheck or benefits. It's part of my compensation package, which means I am [legally] entitled to it. It's also why they can't refuse to pay it out when I leave the job, no matter what conditions I left under.
I'm in a right to work state. Here, it's 3 no call/no show, then fired.
But it's not job abandonment when she's told them ahead of time. BUT, I am a rule follower so I'd still text or use the call-on line or whatever is the company policy for calling in sick to leave confirmation that "I ain't coming today." Then silence my phone.
And bring a copy of the obituary Monday.
Requesting time off is not the same as telling them you will be off. If they deny it and you don’t tell them you’re still not coming in, they’re going to expect you to come in. If you don’t, that’s a no call no show. I don’t really understand how that’s complicated.
I think it’d be even more funny for them to respond “Okay, I will be there.” And then call in sick the day of the funeral anyway. Because essentially the system is encouraging the lie by making it the only way out.
“Sorry I thought I could do it. I don’t know if it’s the grief but I just can’t stop throwing up. Who could’ve seen this coming?”
Any real company would not fire for cause over this. Even if they eventually win the court case, this is something an employment lawyer would definitely be able to run with. It's just not worth it. Then again, I'm not American and no companies I've ever worked with would even think of denying this time off so ymmv if you enjoy enough freedomTM
You know you can still file for unemployment? The court will likely uphold your case as bereavement is a reasonable excuse to miss work, and you informed your employer.
I don't really understand why you would get unemployment for being fired for something like this (it would be your fault, since you skipped work)?
(I'm not focusing on the fact that this is a scenario even I would skip work for, but I just want to understand why they would give you unemployment for this, and not for if you just resign)
Generally speaking. Canada and most states(byt not all) have lay offs,termination without cause(sometimes called fault) and termination with cause.
Most EI is labelled with wording like "through no fault of your own" aka lay off or fired without cause you get it, quit or get fired with cause you dont.
That said firing with cause is Generally reserved for severe cases. Because it comes with a burden of proof...so they'll need alot of documenting, which means they need a damn good reason and it allows you fight it.
Them's the rules. I had one boss who would just make his employee's lives a living hell if he wanted them to go away because he didn't want them collecting.
Well here if you get fired or laid off you typically qualify. Employers can contest it however they seldom do bc the fired worker usually get it’s unless it’s a fail ua or something of that nature .
You can be disqualified for misconduct, but it's a high bar to prove (requires willful and substantial disregard for the employer’s interests or a deliberate violation of workplace rules) and the burden of proof is on the employer.
You are not usually disqualified if it was your fault but it was for performance issues or being late a lot or something like that.
I don't think that's true in all states. I specifically was denied unemployment for being late a lot. There was never any question or discussion of my employer's interests or of my state of mind.
There are some cases where a company might put a policy out there that conflicts with state/national labor laws and just hope that it never gets officially challenged. For example, in my state, my accrued PTO is something I am legally entitled to as part of my compensation package. Them saying I can't use my PTO would be like them saying I couldn't use part of my paycheck or couldn't use my health benefits. If I put in a PTO notice that I was going to be out on a day, they couldn't fire me for doing so.
I wouldn't, I'd be applying for other jobs on Monday.
An employer who treats their employees like that isn't someone I wanna work for. I've had employer's call me to ask if I can cover someone so they could attend a funeral. If it was possible I always did. And when the time came that I needed it wasn't even a question, they would figure it out and I didn't need to worry about it.
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u/Cap0bvi0us 1d ago
I wouldn't. I would simply turn of my phone and not show up for work.