Depression Support Group
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As some of you may know, I was fired from my job of 5 years about a month ago after having to leave to go to the ER during a panic attack. It was only the 2nd time I had ever missed work in my time there. They are trying to deny my unemployment and I have to file a written appeal. Just going to post it here for any feedback or suggestions on changes to make before I send it. I appreciate any input you may have. :) (of course, I have edited any identifying info. to keep it somewhat anonymous, though I doubt any ex-coworkers are on this site.)
UNEMPLOYMENT APPEAL
DATE: 3/11/2008
This is a written appeal in reference to the Notice of Determination received stating that unemployment benefits were not payable in accordance to KRS 341.370. It stated I was discharged for misconduct and in violation of the employers attendance policy; i.e. repeated absences and tardiness that were unnecessary or improperly reported.
In response to the accusation of repeat absences and tardiness: since being promoted to management in May 2004, I have only had three absences. The first was on 7/3/2007 when my father had a heart attack and was to undergo an emergency bypass surgery. The other two absences occurred on 2/16/2008 and 2/17/2008. I arrived to work on 2/16/2008 at 10:00 a.m. as scheduled. Around 12:00 p.m. I began to have symptoms of an agoraphobic panic attack. I had been diagnosed in September 2007 with depressive panic disorder. The general manager, ***** *******, was made aware of this diagnosis at that time. Once the symptoms of the attack progressed, and my usual methods to calm myself were not working, I felt it best that I seek medical treatment. I was transported to the emergency room at ********* Regional Hospital and was injected with a sedative and released.
Upon leaving the hospital, I called the restaurant and spoke with ***** *******. At this time he told me I could take the following day off and to notify another manager to cover my shift if needed. I let him know I did not think it was necessary; however, I wasnt sure how the sedative would fully affect me. ****** *******, kitchen manager at ***'* Restaurant, can confirm Mr. *******' instructions to take the following day off and to have my shift covered, as the same details were relayed to him.
The following morning (2/17/2008) the effects of the sedative were still very strong and Mr. ******* was notified and covered my shift that day.
When arriving to work on 2/18/2008, Mr. ******* had arrived early and was waiting for me. He then stated he had to let me go due to the fact that I was no longer a reliable left-hand man to further the success of the business. It was also apparent to me through the conversation that the decision had been made after he had consulted **** *******, the Director of Operations, on 2/16/2008 after I had left to go to the emergency room (before I was absent on 2/17/2008).
Upon my dismissal, Mr. ******* stated that he would have liked me to call him personally to notify him of my absence. Mr. ******* was not scheduled that day, so a scheduled manager was notified instead, as previously arranged. It does not state in the Attendance Policy that any employee should have to contact the General Manager when he/she is not at work of an absence on his personal phone.
There are also no documented records available for any instances of tardiness, as these records were not kept for members of the management team. If there was anytime I was tardy, I called ahead and notified a member of management in accordance with the attendance policy.
The discharge summary from my visit to the emergency room on 2/16/2008 has been faxed with this appeal. Further documentation for my absence on 7/3/2007 and my diagnosis of depressive panic disorder can be presented upon request.
UNEMPLOYMENT APPEAL
DATE: 3/11/2008
This is a written appeal in reference to the Notice of Determination received stating that unemployment benefits were not payable in accordance to KRS 341.370. It stated I was discharged for misconduct and in violation of the employers attendance policy; i.e. repeated absences and tardiness that were unnecessary or improperly reported.
In response to the accusation of repeat absences and tardiness: since being promoted to management in May 2004, I have only had three absences. The first was on 7/3/2007 when my father had a heart attack and was to undergo an emergency bypass surgery. The other two absences occurred on 2/16/2008 and 2/17/2008. I arrived to work on 2/16/2008 at 10:00 a.m. as scheduled. Around 12:00 p.m. I began to have symptoms of an agoraphobic panic attack. I had been diagnosed in September 2007 with depressive panic disorder. The general manager, ***** *******, was made aware of this diagnosis at that time. Once the symptoms of the attack progressed, and my usual methods to calm myself were not working, I felt it best that I seek medical treatment. I was transported to the emergency room at ********* Regional Hospital and was injected with a sedative and released.
Upon leaving the hospital, I called the restaurant and spoke with ***** *******. At this time he told me I could take the following day off and to notify another manager to cover my shift if needed. I let him know I did not think it was necessary; however, I wasnt sure how the sedative would fully affect me. ****** *******, kitchen manager at ***'* Restaurant, can confirm Mr. *******' instructions to take the following day off and to have my shift covered, as the same details were relayed to him.
The following morning (2/17/2008) the effects of the sedative were still very strong and Mr. ******* was notified and covered my shift that day.
When arriving to work on 2/18/2008, Mr. ******* had arrived early and was waiting for me. He then stated he had to let me go due to the fact that I was no longer a reliable left-hand man to further the success of the business. It was also apparent to me through the conversation that the decision had been made after he had consulted **** *******, the Director of Operations, on 2/16/2008 after I had left to go to the emergency room (before I was absent on 2/17/2008).
Upon my dismissal, Mr. ******* stated that he would have liked me to call him personally to notify him of my absence. Mr. ******* was not scheduled that day, so a scheduled manager was notified instead, as previously arranged. It does not state in the Attendance Policy that any employee should have to contact the General Manager when he/she is not at work of an absence on his personal phone.
There are also no documented records available for any instances of tardiness, as these records were not kept for members of the management team. If there was anytime I was tardy, I called ahead and notified a member of management in accordance with the attendance policy.
The discharge summary from my visit to the emergency room on 2/16/2008 has been faxed with this appeal. Further documentation for my absence on 7/3/2007 and my diagnosis of depressive panic disorder can be presented upon request.
I can't see where you'd need to change anything.
I'm sorry you have to go through this.