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i've been fired due to me being sick  Rate Topic 
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 Posted: Thu Aug 14th, 2008 03:06 pm
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freebirdsforever2001
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well i received a letter in the mail today from corporate stating due to the fact that i have a serious medical condition that i've been terminated due to this. is this legal? i've been sick since the monday before memorial day and i was due to go to the doctors again this monday afternoon. right know i'm at a loss for words as i'm starting to feel sad about this. considering the general manager of the location that i worked at told me not to worry and get better, i feel that this is totally garbage.



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 Posted: Thu Aug 14th, 2008 03:41 pm
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beejmi
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Sorry to hear this but go online and find your state's UC (unemployment compensation) web address and start there.

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 Posted: Thu Aug 14th, 2008 03:54 pm
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thunderbolt
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A big part of the analysis turns on what benefits you enjoyed.



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 Posted: Thu Aug 14th, 2008 03:55 pm
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freebirdsforever2001
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thunderbolt wrote: A big part of the analysis turns on what benefits you enjoyed.

what do you mean by benefits you enjoyed?



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 Posted: Thu Aug 14th, 2008 04:13 pm
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carpetbeggar
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Did you go to work at all since you got sick around Memorial Day? Did you also get a note from your Doctor saying you couldn't work until your illness cleared up or until he gave you the clearance to do so? Were you on official sick leave from work? I can't see this happening if you followed all the procedures you're suppossed to in cases like this like I mentioned above. Who knows though as each state can be totally different in their procedures. What line of work are you in?
I'm really sorry to hear this and I hope everything turns out for the best. I too missed time due to a serious medical reason although I wasn't fired over it though my emplyers didn't seem to care as they kept trying to get me to go into work to basically do anything if I couldn't do my normal work. They tried to sound oh so caring but the only thing they cared about was their bottom line. I'm glad I no longer work there anymore.
Get well soon.

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 Posted: Thu Aug 14th, 2008 06:20 pm
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DaNkinator



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Did you ever apply for FMLA or Short Term Disability?

Without a Doctor's note stating that you can't work, they may be well within their legal rights to terminate you.

I hope, for your sake,  that isn't the case though. 

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 Posted: Thu Aug 14th, 2008 06:44 pm
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carpetbeggar
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DaNkinator wrote: Did you ever apply for FMLA or Short Term Disability?

Without a Doctor's note stating that you can't work, they may be well within their legal rights to terminate you.

I hope, for your sake,  that isn't the case though. 


Yup, like I said too the Doctor's note I think is the big thing in this. I know where I am in order to go on 'sick leave' and get dibability payments you had to have your Doctor sign a letter stating you cannot work and to also give some sort of time frame when you will be able to return.
Then I believe your ass is covered, but like a say every stae and province can have a different set of guidelines in what needs to be done in order for you not to be wrongly dismissed from your job.

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 Posted: Thu Aug 14th, 2008 08:06 pm
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BigJ



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freebirdsforever2001 wrote: well i received a letter in the mail today from corporate stating due to the fact that i have a serious medical condition that i've been terminated due to this. is this legal? i've been sick since the monday before memorial day and i was due to go to the doctors again this monday afternoon. right know i'm at a loss for words as i'm starting to feel sad about this. considering the general manager of the location that i worked at told me not to worry and get better, i feel that this is totally garbage.
Best of luck - definitely a rough situation

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 Posted: Thu Aug 14th, 2008 09:08 pm
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freebirdsforever2001
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i have a doctors note stating that i can't work due to the fact that make job is physical and that they don't know why i'm getting heart attack type symptoms. i'm suppose to go to get my lungs checked out on monday to see if anything is going on there. i'm currently on FLMA and collecting short term disability due to the fact that they don't have any "light duty" type of work. they made me take all vacation and sick time that i had before i was able to collect short-term disability. i've been to 2 different specialists and i've had about 8-10 tests including MRI'S & bone scans and no one knows what to do next. i'm currently covered until mid-november with short term disability and my wife said that she will apply for an extention if i'm still ill.

the main problem is that i'm basically stuck in the house all day because any sort of extra movement cause shortness of breathe and it fells like my chest is going to explode.also the heat seems to bother me alot more this year then any other time that i can remember and it really hasn't been that hot in s.jersey compared to other years.



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 Posted: Thu Aug 14th, 2008 09:16 pm
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bart

 

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They actually fired you when you were out on FMLA? Are you SURE you were using FMLA time, and they fired you for missing too much time while using it? If so, get yourself to a lawyer. Tomorrow, first thing. You might even want to try calling some of the offices tonight if you read this before 6ish. Assuming you are correct, they could be in big trouble.

 

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 Posted: Thu Aug 14th, 2008 09:47 pm
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Papa Voo



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If they fired you while you were approved for FMLA, then you got a real good case in front of you. 



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 Posted: Fri Aug 15th, 2008 03:25 am
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Michael Abrams



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If you are absolutely on FMLA you are allowed 12 weeks per:

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

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
  • for the birth and care of the newborn child of the employee;
  • for placement with the employee of a son or daughter for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.
After reading some of the law, I'm with bart & Papa Voo.  Get an attorney.

Michael Abrams

Last edited on Fri Aug 15th, 2008 03:26 am by Michael Abrams



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 Posted: Fri Aug 15th, 2008 03:49 am
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srossi

 

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Absolutely get yourself a lawyer ASAP.  Don't trust anything on the Internet, it can be pretty complex depending on the exact circumstances, but you can probably get a free or cheap consultation to give you a better idea of where you stand.  On the surface, you certainly seem to have a case.



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 Posted: Fri Aug 15th, 2008 03:22 pm
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freebirdsforever2001
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i would like to thank everybody for their imput on the situation and my wife is talking to the lawyer at her job about this situation to see if we do have any recourse.

thanks,

 ted



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