MASON CITY – An administrative law judge ruled this month that excused absences could not be used against a fired Woodharbor employee as grounds for denial of unemployment benefits.
According to the decision, Woodharbor Doors and Cabinetry, Inc., located at 3277 9th Street SW in Mason City, fired Tracy Craig in October for what Woodharbor called “excessive absenteeism” based on their points system. The attendance policy at Woodharbor is based on points and six points in a 12-month period is grounds for discharge. She was then denied unemployment benefits and appealed that decision.
On February 11, 2013, Craig had received a written warning when she had accumulated seven points. She was not discharged but allowed to remain if she produced a performance improvement plan. She agreed to come to work on time and arrange her doctors’ appointments for after work.
Subsequent to the warning some points “fell off” after the 12-month period had passed, but she accumulated others on June 4 and 5, August 5 and September 3, 2013. During this period she did not check with her supervisor or the human resources department to find out what her point total, assuming the employer would let her know.
The final absence occurred on October 14, 2013. Craig called in prior to the start of her shift and said she was ill. The other absences were due to personal or family illness and had doctor’s excuses to cover the time off. She was then terminated from her employment at Woodharbor.
On appeal, the Administrative Law Judge found that all of Craig’s absences were due to illness and were properly reported and documented by a physician’s statement and therefore, disqualification fro unemployment benefits can not be imposed. The employer has the burden of proof to establish the claimant was discharged for substantial, job-related misconduct.
The record establishes that Craig was discharged for excessive absenteeism, but as the absences were all due to illness and properly reported, they are not unexcused.
Something with the alj favoring employers. Now I have 2 kids was only person working. So now terminated for no good reason. Deniex unemployment do know how thats possible. And cant find wprk. I am 1 week away from living on streets because of this bullcrap state goverment. Someone any9nw tell me how that was denied twice cause im so lost. So that is why iowa unemployment is corrupt.
Cont.. 2 tardies. First how am I tardy if work starts at 830 I clock in at 807. Second wait 2 weeks after tardu to be tetminated. I was denied by alj because a dr note ecplaining my medical condition wasnt enough to excuse my 1hr tardy. The other tardy was also unexcused. Hiw when I got to work at 807. Appeal board affirmed decision. Do now have to file petition for review. But how the hell is a dr note not good enough and when is 1 tardy enough for misconduct. I think the senator is onto
You think this case is bad I was terminated on oct 25. I had a warning in march for tardiness due to sons bus. Employer switched start time 830. No other problem until oct 11 I was 1hr late for work due to tbe medicine I takw for a condiruon I overslept. Called roght wjem got up was at work in 20min. Nothing ever said then oct 21 got to work 807 left shop at 821 got to cust home 841 appt set for 830. Got delayed fixing equip at shop. Notbing said again. Oct 25 terminated for performance and the
This is news?
no the reason this happened is because the owners of wood harbour the lewrkies dont give a flying bleeb about there employees its a known fact i know people that work there and people who have i have yet to hear anything positive another example of how these companys think they can get away with treatment of workers like this how about some compassion because life throws us all twist out of our control sometimes
The thing I can’t understand is why this worker was denied at first. Also it seems whenever there is a legitimate workman’s comp claim everyone presumes the plaintiff is lying and attacks them even if they have doctors records. I’ve seen it happen. The judges and lawyers attack the injured person as much as they can and will deny every chance they get.
Because employers can get away with that in Bookmeyersville, USA. They have a license to treat you like garbage in MC.
The reason this happens is because some people take advantage of the system and abuse the hell out of it. These company’s are running a business and when you have a assembly line type of work place it affects the whole line if someone doesn’t show up. I am not in favor of the point system because it is a hard line with no flexability. It should be up to the supervisor to excuse someone. A company policy should not be the final judge and jury. However, if you don’t want to work, don’t take the job. In this case I would have fired her too. Iowa law has nothing to do with this and having a union will not help either. The company always reserves the right to manage their business. It would be written in the contract. As a matter of fact, union shops would be worse because if it isn’t covered in the contract they are just done. People who are promoting unions should learn the rules before spouting off.
Been in Union,Neg.Contracts,Steward,and done Labor and Managment for 35 years I think I know a little from every angle and Supervisor favortism DOES not work or a good idea either.
@?-so have I been a steward, supervisor, manager and negotiated many contracts. In the past I have had the opportunity to decertify many unions but opted not to do it because he gave us much more control of labor as there were fewer gray area’s. All company’s put in management rights and if you really have sat in on contract negotiations you would know that. It very simply states that management has the right to manage their business and set company policy which includes attendance.
Sick people who see a doctor should not be able to work in your twisted
world?
People get treated this way because Iowa is right to work state.They can fire you for ANY reason.The only real way for people to have a say in companies like this.And know this will piss alot of people off is too vote a Union in.They will threaten you they will close,but there comes a time where you must step up and see they will never change the way they run their business.And if they decide to close or relocate good,because really your life doesn,t end.You just know what you will and won’t put up with from a company.Union works if people are in for right reasons and not for just personal gain,but for the good of everyone in the Company.
Unions are for lazy people.
They run these places like salt mines.But they let managment do what ever they want.Most managment people never really have a clue what real labor work is.They just suck up to owners or others in managment.Alot of companies could care less about you or your family.You just get your *ss in here and punch that timeclock.They would never even think to treat their families that way.What a person needs to do is have skills and good work ethic to keep those type of idiots at bay.If companies ran like they really care for employees,then trying to play big brother,turnover and happiness and respect both ways could go along way toward the good of everyone in the Company.I’ve been on both managment and labor and it is true in alot of companies andthey can’t figure why people are unhappy and always looking to leave or get fired to better themselves.When they themselves would put up that type of treament.
Should of said they would not put up with that type of treatment themselves.
Must be nice to be so irresponsible when one is in their 40’s. She called in sick to work more in one year than I have in the last 10.
I’d have fired her long ago, for the simple reason that I could.
How compassionate. Firing someone for being sick, complete with documentation. What will you do with all that coal this year?
It’s simply amazing that this would even take an appeal. Iowa is so anti fairness you must leave the state to seek true happiness. Iowa has regressed the last 20 years and a big part of the shrinking populations.
Oh yes, because companies should just suck it up when employees call in sick day after day for made up BS reasons.
People used to have something called work ethic. Now it’s all “how much can I get away with?” I’m a victim. Boo hoo for me.
Thanks Obama.