I work at an Indian casino in CT. They use a point system where you accumulate points, for example, for calling in sick when you don’t have a doctor’s excuse or when you don’t have any leave left. I’ve worked there for five years and have have at times been a couple of points away from being fired. Well, two weeks ago I needed 3 more points and I got sick and called out three days. I didn’t go to the doc as I was in bed with a bad chest cold. Today I went in and they had my firing papers ready; but, they said the big honcho wasn’t there to sign them so could I work today and come back monday. Meanwhile, an appeal is apparently mandatory. Anyway, that isn’t for two weeks. The Unemployment Department website says I can apply for unemployment when I’m suspended but I can’t get it until I get my “pink slip”. So I’m wondering if this means I am in limbo with no pay until the appeal. This doesn’t seem fair; how can they just take away my income and keep me from getting unemployment as well? I am so fed up with these people. They don’t have to follow the Fair Labor Standards Act because they are on a reservation. One more question: if I’m fired I have to have a EDD “hearing” over the phone to determine the reason I was fired. Do I have to wait to get benefits until the hearing is completed? I am afraid I won’t have any income for a couple of weeks, which is bad news.
I suspect that no one on this board will know, because the exemptions from the FLSA put this beyond most of our realms.
Your best bet is to find a labor lawyer who knows about how that stuff works, and ask him/her to look into your situation. If you can’t afford a lawyer, there are plenty of legal aid groups that will be glad to help you out.
You might call the unemployment office and ask. They aren’t against you. They don’t make the decisions. They are there to help you.
I believe you have to be unemployed for 2 weeks before you’re entitled to benefits anyway, but call your local office and find out.
Thanks viva 