From the CAP Files: The Case of the Missing Note

A supermarket worker with an excellent work history with a grocery chain developed an illness in his third year of employment, requiring the use of sick leave on several occasions.  When the worker was unable to provide medical documentation to excuse his absences, the employer took disciplinary action. The final straw came when the worker failed to report to work or call out sick for a scheduled shift; the company terminated him. But a CAP attorney helped the supermarket worker win his appeal after the worker testified that his absences were related to his illness and that the expense of going to a doctor for documentation would be prohibitive, particularly when he has a standing diagnosis and medicine on hand.  He further testified that he missed work because he was simply unaware that his schedule had changed without any notification.  The ALJ found that the actions of the worker, whether not coming to work due to illness or missing his scheduled shift because of an unforeseen schedule change was not disqualifying misconduct. The Claimant Advocacy Program (CAP) is a free legal counseling service available to individuals who file unemployment compensation appeals in the District of Columbia. Call 202-974-8150 for more info.

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