Single Mother Fired for Staying Home With Her Son When Schools Closed for Subzero Weather

[eridani]

http://readersupportednews.org/news-section2/315-19/21948-single-mother-fired-for-staying-home-with-her-son-when-schools-closed-for-subzero-weather

On the night of January 27, the Chicago forecast called for subzero temperatures the next day, with such high winds that it could feel like 30 below at the time when most students would be coming home from school. In light of that, Chicago Public Schools decided to close, saying "subzero temperatures and high winds will make it dangerous for children and families getting to and from school."

Rhiannon Broschat, a single mother and a part-time Whole Foods worker, tried to find someone to watch her special needs son the next day but came up dry. So she called her supervisor and left a voicemail saying she wouldn't be able to come in. "I did go back and forth, thinking maybe I should just leave him home alone," she told ThinkProgress. But in the end, staying home "felt like that was my only option, I wanted to be home so he's safe."

The attendance policy for Whole Foods in the Midwest region is on a point system. While workers get some paid vacation days, for unexpected absences it differentiates between excused and unexcused: an excused absence is for an illness, which requires a doctor's note, a death in the family, jury duty, and "catastrophic events or citywide weather disasters," according to a company spokesperson. Each worker is also allowed five unexcused absences in a six-month period, and each one counts as a point against the worker. None of the days workers call out are paid.

On January 28, "Our stores were open across the city," the spokesperson said. "City transportation was running and essential city services were open that day despite school closings." She pointed out that "fewer than 10 of our more than 1,800 team members across 19 Chicagoland stores 'called out' as unexcused absences."

[Ilsa]

1. Heartless boss. It's is so difficult to

find any sitter, much less one for a special needs child. I hope she bounces back and WF takes a beating.

[Daemonaquila]

2. You might want to include ALL the facts before posting this "sob story,"

not just the bits that make her look like an innocent victim.

* The attendance policy for Whole Foods in the Midwest region is on a point system. While workers get some paid vacation days, for unexpected absences it differentiates between excused and unexcused... Each worker is also allowed five unexcused absences in a six-month period, and each one counts as a point against the worker. None of the days workers call out are paid.

* Rhiannon knew that she was out of points and on a final warning, even though she says she had documentation for all of her other absences.

So, she was out of absences and on FINAL WARNING already before she made her choice. That's a sucky choice, but the consequences are pretty clear. A part-time worker getting some paid vacation days, AND excused absences for getting sick and certain other issues, AND 5 unexcused absences every 6 months? That's a better deal than a whole lot of FT workers get. I have no problem with them firing her for that much absence. Employers need reliable workers, not people with constant excuses for why they aren't coming in.

A kid, even a special needs kid is NOT a ticket to having frequent absences forgiven. NOR IS SHE A "single mother" - she has a partner.

* Rhiannon says she is doing okay financially for now. She has support from her partner and her mother, as well as some savings to rely on. She's going to school to study criminal justice and social work and putting her energy into protesting the attendance policy at her previous employer.

So, she's a fairly financially stable student (possibly full time), didn't need the job, and has a partner who could help care for the child as well. But she'll be diligent in protesting the employer who fired her for not being diligent in attending...

Cry. Me. A. Freaking. River.

[gLibDem]

3. I believe I will puke you a river instead.

[reddread]

4. +1

wrong board, maybe?

[Daemonaquila]

7. Any employee misconduct is ok, maybe?

Please, DO run a business where employees miss as much time as they want, no questions asked. I'll be over here, laughing, as you go under or change your mind really fast.

[reddread]

9. watch that last leap

whole foods can suck rotten organic eggs, and when a child challenges a single parent,
it can snowball.
keep laughing. I think you are lost.

[Enthusiast]

12. Yeah. We didn't say, "Any employee misconduct is okay."

Where did you learn your behavior, Limbaugh, Hannity? No one said any employee misconduct is okay. Until you find yourself in the circumstances of the mother maybe you should withhold judgment. She understands the needs of her child.

[joeglow3]

31. Which is why I want to see the rest of the story

What the other 5+ unexcused absences for? Depending on the facts, one could argue her other five days were for poor reasons. If that is the case, she is not being fired for staying at home with her kid. That was a day she had provided for her, but she chose to use her unexcused days up, not saving any for when she needed it.

[WinkyDink]

14. "Over here" clearly being Freeper Street in Moronville.

[Lancero]

47. Moranville

[Enthusiast]

11. ...

[url=http://www.freesmileys.org/smileys.php][img][/img][/url] [url=http://www.freesmileys.org/smileys.php][img][/img][/url] [url=http://www.freesmileys.org/smileys.php][img][/img][/url] [url=http://www.freesmileys.org/smileys.php][img][/img][/url] [url=http://www.freesmileys.org/smileys.php][img][/img][/url] [url=http://www.freesmileys.org/smileys.php][img][/img][/url]

[gLibDem]

50. This is awesome! And disgusting!

[Squinch]

44. Lolololololol!!!!

Welcome to DU.

I love you.

[gLibDem]

51. Thank you!

[A Simple Game]

10. Much more lenient policy than anywhere I ever worked. n/t

[riderinthestorm]

13. No kidding. Just call in and say I'm not coming today and give no reason?

And you're allowed to do this 10 days in a year, so theoretically 2 weeks of work, without losing your job...

Its pretty amazing.

I'm not sure I've heard of any hourly wage job employer that offers that.

Not even salaried either.

[shanti]

36. i retired from the state

you wouldn't believe the tales i could tell you about people "calling in sick" - and they kept their jobs AND were promoted. of course, it helps if one is brown-nosing the boss.

[riderinthestorm]

39. Yeah, well WF gives you 10 days off without having to give any reason. Pretty generous

I'm the "boss" at my place so I too have heard a lot of excuses.

I always tell my kids that if they can say "I have terrible diarrhea" to their boss when they call in sick, they will get the day off no questions asked.

[Mojorabbit]

54. I can see both sides in a way

If there were no one to look after the child I would as an employer probably have given that a pass.
In the 80s when I was head nurse of an oncology/ortho floor(weird combo I know) half of the 3-11 staff called out sick
to go to the Madonna concert. I had to come in and find temps to cover the floor and I was pissed off. THAT is a frivolous call out in my opinion!

edited to add the last line cause I accidentally hit reply button before I was done

[Donald Ian Rankin]

17. Sticking up for an employer on DU is like trying to convince turkeys to support Christmas.

Yes, this is a grossly manipulative, deceptive and one-sided editing of a story trying to make an employer who has acted perfectly reasonably look bad.

No, almost no-one here is going to accept that.

Remember: on DU, it's not about who is right and who is wrong, it's about who is rich and who is poor, regardless of how they acted.

[MadrasT]

24. "She's... putting her energy into protesting the attendance policy at her previous employer."

She has a problem with "only" being 5 unexcused absences every 6 months? I never HEARD of an employer who allowed even that.

If what you posted is true, it doesn't sound like Whole Foods is in the wrong here.

[uppityperson]

48. This article explains how she got those other points,

There is a lot of information in this article about the points, how they are supposed to be given, how they can be canceled, etc.

http://chicagoist.com/2014/02/09/fired_whole_foods_worker_rhiannon_b.php

To further complicate the matter, the means by which one racks up points are incredibly severe. Not only do I accumulate points for falling ill and missing work, but also if I am more than seven minutes late for a shift, if I am hurt on or off the job, if I am sent home by a manager for any reason more that 1/2 hour before the end of my shift, if I experience a family emergency including death and hospitalization, for all of these reasons I can be given a point.
(clip)

Broschar-Salguero was scheduled to work Tuesdays, a day when only she herself could take her son to school.
Tuesday after Tuesday -- "10 minutes late, 15 minutes late," as Broschat-Salguero said -- she got half-point after half-point, simply because she was the only person who could take her son to school that day.

[dsc]

49. I have to say I think the policy of Whole Foods isn't unreasonable

but they did a piss poor job of execution here.

[meegbear]

56. Shanna, they bought their tickets, they knew what they were getting into ...

[Blue_Tires]

58. brilliant n/t

[griloco]

5. Place your bets on how long before she gets her job back and WH changes its policies.

This is a typically stupid management decision that backfires as soon as virality strikes.

[griloco]

6. Tuesday, Feb 10 nt

[Brigid]

8. I wonder . . .

How many customers that store had that day. Probably not enough for it to even pay to be open, I'll wager. And Broschat made the decision not to risk leaving her sin alone. Your kid or your job? Which would you choose? Whole Foods isn't an essential service, no matter what they may think.

[Tuesday Afternoon]

15. *FUCK THIS NONSENSE*CORPORATE AMERICA SUCKS*

[Savannahmann]

16. FMLA

FMLA would have protected her from any reprisals for missing work.

[SheilaT]

18. I'm not sure the FMLA allows

unlimited time off.

Employers do have a right to establish some sort of limits.

[Savannahmann]

23. No it doesn't.

All it requires is a finding by your medical provider, and obviously a special needs child has one. Then they fill out a total of four pages of forms.

It won't protect her from unlimited time off, it doesn't provide for that. But one day yes, six weeks, you betcha. How about twelve weeks of time off a year? That sounds really high doesn't it?

http://www.dol.gov/whd/fmla/

Not so much. Had this woman gotten those forms filled out by the doctor of her son, she would not be fired today, they would be unable to fire her if she had called in and told them it was FMLA, they could do nothing.

OF course, that depends on how your Doctor fills out the forms. But most do put in that the care of the child may require the caregiver to miss work.

[Savannahmann]

34. Up to 12 weeks during a calender year.

That can be taken at the needs of the employee in one large chunk. Maternity leave. In portions, a day here and there.

That is the limit the employer has a right to set. 12 weeks, unless it is a servicemember, then it's 26 weeks.

[Donald Ian Rankin]

19. Are you sure?

I just glanced through the provisions at http://en.wikipedia.org/wiki/FMLA, and I didn't spot anything that would apply, but obviously a 30s scan of a wikipedia article doesn't make me an expert on the act.

[Savannahmann]

25. Yes

But the forms have to be filled out prior, or requested at the time of the incident. You have to tell your employer that it will be FMLA.

http://www.dol.gov/whd/fmla/

The company qualifies, they have more than enough employees to require them to accept FMLA paperwork. It's too late now, of course, but FMLA would have protected her. That is why we Democrats passed it back in the old days of Bill Clinton. Don't you remember Rush the gasbag ranting about how awful it was?

[Donald Ian Rankin]

27. That looks like the same terms, but I'm still not sure which bit applies.

It says eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:

*the birth of a child and to care for the newborn child within one year of birth;
*the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
*to care for the employee’s spouse, child, or parent who has a serious health condition;
*a serious health condition that makes the employee unable to perform the essential functions of his or her job;
any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).


Unless the unspecified "special needs" qualifies as a "serious health condition" - which it may do, but would surprise me - then I don't see which bit applies.

[Savannahmann]

28. That's the beauty of the act

The determination is made by the medical professional, not the business. At most, the business can challenge it, but then it goes to a second opinion. Not many medical professionals are going to say that a child with special needs is perfectly able to care for themselves. Because then if anything happens, the medical professional risks a malpractice suit in which they stand to lose millions.

I am a bit more familiar with this act. My Cousin has a wife who is handicapped. From time to time, he must remain with her to provide care during episodic flare ups. He works for a company with roughly as many employees as Whole Foods. They are able to do nothing to stop him from staying home so long as it does not exceed twelve weeks, and remains within the estimated general time frame of the Doctor's instructions. Check out the forms, because this act can save your job if you have someone with a medical condition.

If the company denies the protections, then it goes to the DOL for review. Most companies don't want to take that route because the fines for doing so improperly are horrific. It is cheaper to just accept it and report it and get credit for being in compliance than it is to try and fight it.

WARNING if you are considering doing so for your own medical condition put some thought into it. Because I have seen companies claim that the physical issues outlined in employee's (not dependents) FMLA would prevent them from safely carrying out their duties.

But generally speaking, FMLA is a godsend to working families.

[Donald Ian Rankin]

30. That sounds more like "problem with" than "beauty of", to be honest.

I think that the level of medical condition that should be required to force an employer to let an employee take one day in four off without warning, permanently, should be really quite extreme, and the burden of proof should be heavily on the employee.

[WillowTree]

35. But FMLA provides for time to care for a family member's illness.

The article clearly states that "there was no illness". The fact that the child is special needs does not automatically mean that any time someone needs to look after him is due to an illness. In this case, it wasn't. It was because the schools (and virtually nothing else in the Chicago area) were closed and she couldn't find a babysitter. Not the same as needing to stay home to care for a family member who is experiencing a "flare up" of a chronic illness.

I don't think that's a situation that's covered by FMLA. Remember it's the Family Medical Leave Act.

[tammywammy]

32. It also depends on how long she's worked there.

If she hadn't been there 12 months and worked 1,250 hours she wouldn't qualify for FMLA.

[Le Taz Hot]

20. I can't stand Whole Paycheck anywyay

for a lot of reasons. This is just one more. I've been doing business with our local Whole Foods type store LONG before Whole Foods existed. I've no reason to change that.

[malaise]

21. Well she had the option of being arrested for child neglect

by leaving him alone while serving her master.

[A Little Weird]

29. +1

I'm really surprised to see people here defending this practice.

[gopiscrap]

26. fucking assholes

another reason why capitalism has to go!

[flvegan]

33. What is the story with the kid?

How old, does he or she have special needs or issues with being alone? Does she not have any other help? I read the article but may have glossed over those tidbits of info.

Regardless, it's a shame. I hope she finds new employment soon.

[Brigid]

37. The boy is 10.

What his special needs are, isn't stated. But even without those special needs, age 10 is still a bit too young for a child to be left home alone, at least IMO. The article also states that the mother tried to arrange child care for the day when she found out school would be closed, but could not. These things happen, especially in a city suffering though a positively brutal winter like this one.

[flvegan]

38. I trust the mom's judgment, of course.

Thanks for the info. 10 is probably borderline in a place like Chicago, depending on the kid. I hope she finds a better opportunity.

[riderinthestorm]

40. Its 14 years old in IL

Although you can leave them for "short" times (whatever that means legally) from age 10 - 14.

I will say I started letting my kids stay home alone after school for an hour or so, or when I went to get milk at the store etc. when they were 10.

But all day alone at 10 years old?

No way.

[flvegan]

43. I was a latchkey kid at 9.

I was alone before leaving for school for a couple hours each morning and after school again for a couple hours. When school was out and mom worked, i was home alone all day. No biggie for me. But that was a much different time and a much smaller town.

[riderinthestorm]

45. I was too at 10 with my younger 6 yr old sister I "babysat"

I never gave it a thought.

[pipi_k]

41. Age 10...

I agree that it's sort of young to leave a kid home alone, especially one with special needs.

Although I do have to question her seeming lack of foresight in not appearing to have a Plan B for circumstances like this.

[librechik]

42. How old is the child? In Denver you can get arrested if you leave under 12 alone

Is Whole Foods breaking the law by forcing the mother to work rather than care for the child?

[TBF]

46. The guy who owns Whole Foods is a libertarian -

so these anti-worker policies don't surprise me one bit.

I refuse to go there - Trader Joe's is a much better establishment.

[indepat]

52. Fuc* Whole Foods and the m'f'in' horse they rode in on: never ever will

this bastidous outfit get any of my pennies or dollars unless they agree to rot in hell for a good spell.

[Notafraidtoo]

55. Wow these comments

When did Democrats start supporting the ridicules anti worker productivity demands of Milton Friedman economics, The question shouldn't be why did she take a few days off from work, the question should be why isn't she allowed a few days off from work for sickness or family or god forbid vacation so she can you know have a full life.

This country is becoming far too right leaning when democrats are so anti labor, there should be positive incentives for work in this country not that so you don't die. Fuck man, why should employers be the only ones with any incentive or life, after all they cant meet demand with out the workers.

[Cleita]

59. +100n/t

[Cleita]

57. Maybe she should have taken him to work.

Of course, she would have been fired for that too.