I'm so sorry Mary Alice, but the upside is that if it goes to court, the court does not look kindly on employers like this. One of my former co-workers was terminated for attendence (actually it was justified, this man was a career drinker and would call in once a week at least with a hangover). I'm not sure if it was the proceeding for his unemployment or if he actually took them to labor court but the judge determined that the attendance policy was vague and therefore he was unjustly terminated. The down side is they may be required to give you your job back (to avoid settlement) but they'll make you're life a living hell.