Does not going into work constitute quitting even thoughyou call in sick?
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Does not going into work constitute quitting even thoughyou call in sick?
I called in sick (only 2x in year). I’ve had insomnia 20+ days and felt it was too dangerous to drive; I had cancer last year and was afraid that it metastasized to my brain; I made an appointment with my neurologist. My boss thought this this reason to not come in was invalid. I told her to find a replacement for the day(I recieve no sick pay cause I am part-time). The next day my boss said I quit my job because I refused to go into work and told her to find replacement. I told my b that to “find a replacement” meant to find a temp for that day. She insists I quit and told me not to work anymore and sent my final paycheck. She refuses to fire me and pay for unemployment. How can I collect?
Asked on December 29, 2011 under Employment Labor Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, if you called in to your place of work because you had a legitimate issue with your insomnia stating that you were sick, you did not quit your position. It seems from what you have written, your boss apparently wanted to find a way to cease your employment at the place where you work.
If you in fact did not quit your work, I would write your employer stating that you did not quit and state that you are ready, able and willing to return to work where in fact you did not quit your work. Keep a copy of the letter for future need. If you are not allowed to return to work, I suggest you contact a labor attorney and possibly speak with a representative at the local labor department as to your situation with your employer.
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