I will give the whole story with no BS...

My father was recently "fired" from a company in New York State.
Basically, he worked as a laborer (making about 22K per year for an
individual who runs a property management company (they maintain
apartments). My Dad is about 55 years old and has diabetes (not that
that is relevant in any way)...

Here is the story.

My father requested three days off at the end of the month. He had
purchased travel tickets and concert tickets and was really set on
going... He requested this time off months ahead of time. The owner
was evasive and said they should talk about it later... When the time
got closer, the owner said "so, you are taking that one day off", and
my father said " you know I need those 3 days off. The owner asked my
Dad to go into the hall so they could talk. The owner said "you know
my employee manual says that non-compliance regarding vacation time is
grounds for my firing you...You are fired.

My questions:
1) My father is concerned that he will not get unemployment benefits.
Should he be worried.

2) Is there any case for a wrongful firing...did he really have cause?

3) My father supports a 14 year old son alone, and ownes a home with a
$550 per month mortgage payment. If he is left high and dry, are
there any programs out there that may help him? Social Security? He
is overweight and has diabetes. Is there a possibility of disibility?

Thanks for any help or thoughts you have... I am quite capable or
researching things if you point me in the direction of the proper
resources. Thank you.

jwill wrote: I will give the whole story with no BS...
[tells us a story about apparent misunderstanding and dismissal for cause]
My questions: 1) My father is concerned that he will not get unemployment benefits. Should he be worried.

First, you are repeating a story that your dad told you. Folks, even dads,
tend to slant stories to make themselves look better. I'm saying this
because you can't know what really occured. You are telling us here second
hand hearsay started by a person with a vested interest in a particular
point of view.

My guess is that the employer will claim dismissal for cause and deny your
dad unemployement benefits. Dad can appeal. Very likely the NYS agency
governing unemployment has a Web site outlining the rules and, in your dad's
likely case, method of appeal.
2) Is there any case for a wrongful firing...did he really have cause?

Without hearing from your dad's employer, nobody can say. It's pointless to
take your dad's story and say that's the whole picture. Do you think for a
second that the employer will agree with the tale as told by you as told to
you by your dad? My guess here is that your dad and this employer were on
shakey ground before this incident. This seems to shallow a cause for
dismissal.
3) My father supports a 14 year old son alone, and ownes a home with a $550 per month mortgage payment. If he is left high and dry, are there any programs out there that may help him? Social Security? He is overweight and has diabetes. Is there a possibility of disibility?

If your dad is disabled, there are SSI benefits and maybe other NYS
benefits. I'm assuming your dad does not have private disability insurance.

Here is a link to a *private* site which, I think, has good information on
SSI:

http://www.social-security-disability-claims.org/

-paul
ianal

"jwill" <john_williams1000@hotmail.com> wrote in message
news:298divojf0ranuq2eqmt51f21f0sev05bf@4ax.com... The owner said "you know my employee manual says that non-compliance regarding vacation time is grounds for my firing you...You are fired.

Unless your father actually took those days off, there is no evidence of
non-compliance. *Planning to take time off* is hardly a violation. I
strongly urge contacting the local Equal Opportunity office and complain
about age and possibly disability discrimination.

Of course, he shouldn't have purchased tickets until he knew he had the time
off. Since it turned out he did have the time off after all, I hope he had a
good time.
--
If you have had problems with Illinois Student Assistance Commission (ISAC),
please contact shredder at bellsouth dot net. There may be a class-action
lawsuit
in the works.

"Scott Hedrick" <spamfile@bellsouth.net> blurted out "jwill" <john_williams1000@hotmail.com> wrote
The owner said "you know my employee manual says that non-compliance regarding vacation time is grounds for my firing you...You are fired. Unless your father actually took those days off, there is no evidence of non-compliance. *Planning to take time off* is hardly a violation. I strongly urge contacting the local Equal Opportunity office and complain about age and possibly disability discrimination. Of course, he shouldn't have purchased tickets until he knew he had the time off. Since it turned out he did have the time off after all, I hope he had a good time.

If he requested time off "months" ahead of time and his request was
never turned down until just before the event, I'd think that denial
would be unreasonable.

Stu