I need some advice, please

[estevie]

I got fired today. And I don't think I should have been. Here's what happened.

Last Wed, I threw my neck out. I did not do this while at work but that morning. By 10am my neck was frozen and I was in tears and heading to doc. Long story short, my neck is not still frozen in the same position it was in Wed, but its not really any better. They sent me for an MRI this morning. So, I've been off work since last Wed. afternoon. I've kept my HR person aware of what was going on. I've got doctors note for each of the days he has wanted me to stay at home.

I get home from MRI and theres a message to call HR. I do and he says he has bad news. I'm fired. They need someone for that position thats going to be there every day. Sorry it didn't work out, please come clean out your desk tomorrow, see ya later bye.

Wtf? Is this legal? If it is, what a shitty fucking thing to do to somebody.

 

[Ms_Lilith]

How long had you been working there?

I don't know what to say, but I do know how that feels.. I went through it last summer, except I got injured ont he job.

 

[plasticman33]

That's damned unfair, este!! I'd consult an attorney to see if you have a case for unfair termination. What the hell kind of company is that?

 

[TonyG]

Not sure about the legal stuff but I agree that it is a shitty thing to do. They could have at least called you in to discuss things.

Sorry for your bad news.

 

[LadyG]

That sucks, Estevie. How long have you been there? Is there a Labour Laws Office or the like where you are?

 

[T.H. Oughts]

What a pack of bastards!!!!!

NZ laws would not allow that. I don't know the laws where you are..

Hope you are feeling better soon...

I say we all go pee on their front door step.

 

[Ms_Lilith]

If you'd been working there less than 3 months, it is, unfortunately, legal for your boss to fire you with no reason. In this case, he picked the most obvious reason, and chose to use it as a means for termination.

If you'd been working there for more than 3 months, however, this hardly seems like a good enough reason to let someone go, and then I would speak with an attourney, and ALSO, call the Better Business Bureau. They may be aware of this man, as he might have a habit of firing people like this. If so, then it might be time to address the issue with legal aid.

 

[Purrde Flower]

I would tell the HR person when you went in that you were going to consult an attorney.

 

[lilfrk]

Is it a small private kind of company or a large company?

Were you in your probation period?

If it's a small company or you were in your probation period probably it is legal.

If it's a larger company and you were out of your probation period I believe it's illegal to fire someone like that. I think it falls under the Federal Family Medical Leave Act. Which basically says they have to hold your job and pay the portion of your health insurance for 12 weeks while you are out ill, having a baby or taking care of an ill family memember.

I'm sorry that you're not feeling well and that this happened. I hope it gets straightened out soon.

 

[estevie]

I've been working there since August. I just had my 6 months review. It was a good one. I got a raise. I will say that I have missed days before. I have 2 kids and we had a terrible flu season around here. What was I supposed to do?

Apparently they don't care.

I've already signed up for unemployment...that shit is soo easy now days! A few clicks on the net and tahdaa! Anyway, the lady seemed a little curious when I told her why I got fired.

I'm just not sure who to call or what to do. I'm going to get out my handbook and see what it says. I've never been written up for my attendence, you would think they just couldn't do something like that.


If anyone has any links that might be helpful, I'd love it.

Where's a lawyer when I need one...or even a law student *hint hint..Lav or Mischka*

 

[freakygirl]

www.dol.gov

Maybe you can find some answers at the Department of Labor website.

 

[estevie]

Is it a small private kind of company or a large company?

We have about 100 employees. But my boss owns several business of the same sort.

Like I said, I'm going to go dig out my handbook, I wouldn't put it past him to make the first year a probationary period. He's a dick like that. I could tell some stories about that that place that I KNOW are not legal. We'll see what happens tho.



Thank you everyone for your concern and advice! I really appreciate it!

 

[estevie]

www.dol.gov

Maybe you can find some answers at the Department of Labor website.

Thanks, freaky! I'll go see if I can find some answers!

 

[lilfrk]

Look in your handbook and then call Legal Aid or the Better Business Burea. The only companies that don't fall under the FMLA are small ones, like under 25 employees.

Good luck I hope this works out.

 

[Mia62]

Thank you everyone for your concern and advice! I really appreciate it!

Hi baby...go check your PMs.

Good luck.

 

[estevie]

Hi baby...go check your PMs.

Good luck.

I did! Thanks soo much, sugar!

I'm off to do some searching!

 

[cricketbug]

Good luck with the research my friend!

 

[MaggieH]

I got fired today.

I'm so sorry to hear that, Estevie...It sure doesn't sound right, if you have a doctor's note and you were keeping them informed of your progress, but you're right to look at the policy manual for the company to see what it says.

Good luck! I'm right here in Cinci, if you need to talk, or anything...*hugs*

 

[brunhilda]

Not to burst your bubble dear, but just because it's so easy to sign up for unemployment these days, it doesn't mean it's that easy to get approved. I just went through it, and I thought the same thing. 'Wow, that was easy!'
Then I started getting letters in the mail every week saying it was under review until I got one that said they had turned it down and I had to call to have it reopened. Grr at them.

By the way, sorry about the job, sounds pretty unfair to me, too. If you weren't on any kind of probation period, I definitely think you should call the Department of Labor and Industries or a lawyer.

 

[RoyalPurpleVelv]

I'm sorry about that estevie.

I just got notice that I'm gettin laid off at the end of May, so I'm dissapointed to hear that unemployment can give you hassels, but its good to know you can sign up online. Then again there isnt' much you can't do online these days.

 

[TWB]

You've a PM.

 

[Bobmi357]

I don't believe you can be fired due to a medical problem, unless its something which totally disqualifies you for your position, ie a blind truck driver.

I had a similar experience in the late 80's when I developed Sleep Apnea. The company I worked for wrote me up several times for falling asleep on the job, then finally told me that if it happened one more time, they'd fire me.

At that point in time Sleep Apnea was just starting to become a recognized condition, and I had been desperately searching for a doctor that could help me. The long and short of it was I contacted an attorney, and then delivered a letter from the attorney to the VP in charge of HR, informing them that he is representing me and that since they were acknowledging the medical problem was the cause of the falling asleep, he would be delighted to sue them for millions. Needless to say I didn't get fired, and shortly thereafter I found a doctor that was young enough to be willing to deal with a "new" problem. LOL! I shoved a time magazine article under his nose describing the condition and told him this was me to a T. Sure enough, once I got the treatment needed, the problem went away and I stopped falling asleep at work. Six months afterwards the letters of reprimand were removed from my personnel folder.

The laws will vary from state to state, but I think you clearly have grounds to persue this in the legal arena. And considering the size of the company, there may be federal laws which also cover this.

 

[Debbie]

It really sucks about you getting fired.
Good luck estevie. I hope things work out
for you and soon.

 

[amiss]

*feels a little helpless as an HR student... in Canada*

 

[StondTmplPilot]

What they did really sucks, and is at the very least ethically wrong. Whether you have a case or not really depends on if Ohio is an "at will employer" state as Michigan is. Simply put, "at will employer" states give the employer the right to hire and fire a person at their own discretion, without having to give the employee any reason for their dismissal. The only real protection a person has under these conditions is to be a union member, with procedures for dismissal written into the labor agreement between the two sides. I hope that Ohio does not fall into this category as it will make legal action against them nearly futile. Good Luck my friend, I hope it works out for you.