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    butrfli28's Avatar
    butrfli28 Posts: 3, Reputation: 1
    New Member
     
    #1

    Jul 18, 2008, 01:32 PM
    I am being fired for being sick
    I have been at my job for nearly two years. I have suffered from stomach and bowel problems since 10/07. After missing a lot of work from this illness, ER visits, doctor visits, etc. I was finally diagnosed with intermittent bowel obstructions due to a large abdominal hernia. I went out on leave and had surgery in March. I had FMLA and returned to work in June.

    I had to return to half/days, but worked consistently. I had gotten a promotion in a new department, and started my new job upon my return. I had several issues with my former supervior and finally felt safe to report these issues on behalf of myself and the other employees still under her. This was serious stuff, ethically and legaly, and I felt it had to be reported.

    Since then, upper management has been trying to fire me. They found several things behind in my files (which was correct, due to my illness before my surgery). I am now under a "corrective action." They "upper management" have made this public with continuous emails and phone calls. I have to account for every minute of my day, they try and sabotage my "schedule."

    On top of all of this, I started having complications. I have developed an infection, a blood clot, etc. I have missed work due to these new complications. If I am off work due to illness, they call me at home, on my cell phone, etc. They demand doctor's notes immediately (I was having them faxed, now they are demanding originals). They state that I have to give the notes to them by such and such date, but they make the demands impossible to do.

    Today I was out again, and had an appt. with my OBGYN, Family Doctor, and Surgeon. THe supervisor called from work, at my appt. demanding the names of my doctors, when I saw them, etc. A co-worker called me and said that she saw "them" digging around the drawers in my office. I answer all their questions, I tell the truth, but they are constantly trying to "catch me in a lie."

    They called me last week when I was home sick, just to tell me that "my FMLA had run out, and my job is not longer protected."

    I was told that they can in fact fire me for "excessive absenteeism" regardless of medical excuse.

    Is this right? Can they legally ask me all of these things about my doctors and my health? Where is my protection? Is it truly gone?

    Thanks so miuch for reading! I need all the help I can get! Please respond!
    Choux's Avatar
    Choux Posts: 3,047, Reputation: 376
    Ultra Member
     
    #2

    Jul 18, 2008, 01:50 PM
    They hired you to do a job and they pay you for your work. Your behavior is probably negatively effecting the morale of the work force you come in contact with. They want you out. There is no reason they have to keep you as long as they follow the guidelines for firing you.

    If you are too sick to work, you should apply for social security disablity.

    Good Luck, :)
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #3

    Jul 18, 2008, 03:57 PM
    Unfortunately since you "tattle taled" on some other employees this did not sit well with some co-workers or upper people in that company. Now on top of all of that you are constantly out ill at doctor's appointments missing work. How can you expect a company to keep an employee who's never there? I can truly appreciate your health problems and missing work, but look at the company's viewpoint - you're never there so why keep you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Jul 19, 2008, 01:44 PM
    Quote Originally Posted by butrfli28
    I have been at my job for nearly two years. I have suffered from stomach and bowel problems since 10/07. After missing alot of work from this illness, ER visits, doctor visits, ect., I was finally diagnosed with intermittent bowel obstructions due to a large abdominal hernia. I went out on leave and had surgery in March. I had FMLA and returned to work in June.

    I had to return to half/days, but worked consistently. I had gotten a promotion in a new department, and started my new job upon my return. I had several issues with my former supervior and finally felt safe to report these issues on behalf of myself and the other employees still under her. This was serious stuff, ethically and legaly, and I felt it had to be reported.

    Since then, upper management has been trying to fire me. They found several things behind in my files (which was correct, due to my illness before my surgery). I am now under a "corrective action." They "upper management" have made this public with continuous emails and phone calls. I have to account for every minute of my day, they try and sabotage my "schedule."

    On top of all of this, I started having complications. I have developed an infection, a blood clot, ect. I have missed work due to these new complications. If I am off work due to illness, they call me at home, on my cell phone, ect. They demand doctor's notes immediately (I was having them faxed, now they are demanding originals). They state that I have to give the notes to them by such and such date, but they make the demands impossible to do.

    Today I was out again, and had an appt. with my OBGYN, Family Doctor, and Surgeon. THe supervisor called from work, at my appt. demanding the names of my doctors, when I saw them, ect. A co-worker called me and said that she saw "them" digging around the drawers in my office. I answer all their questions, I tell the truth, but they are constanly trying to "catch me in a lie."

    They called me last week when I was home sick, just to tell me that "my FMLA had run out, and my job is not longer protected."

    I was told that they can in fact fire me for "excessive absenteeism" regardless of medical excuse.

    Is this right? Can they legally ask me all of these things about my doctors and my health? Where is my protection? Is it truly gone?

    Thanks so miuch for reading! I need all the help I can get! Please respond!
    I don't think you're being fired for being sick - I think you're being fired because of time lost from work and causing a problem in the ranks.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Jul 19, 2008, 06:43 PM
    If you miss work, they can fire you, this is not a disability that effects a function of life that is covered or protected, but even with a disability you have to be at work, if you miss too much, have to work 1/2 days, they can let you go.
    ** in the US, some laws in Europe differ
    butrfli28's Avatar
    butrfli28 Posts: 3, Reputation: 1
    New Member
     
    #6

    Jul 28, 2008, 01:13 PM
    Good grief. I hope none of you ever become sick for any period. I reported the SUPERVISOR on behalf of my fellow employees, not other employees. I was promoted during my initial medical leave because I am very good at my job, and I do not lessen morale among other employees. I was acting as an advocate for them, if anything. I am not permanently disabled, simply dealing with medical complications. It happens to people all the time, and I don't think people should be treated this way for an illness. I am licensed, and ethically bound to report criminal or unethical activity. The way you all respond, I guess it's just SOL for people huh? Wow. Narcisscism reigns. Why stand up for your fellow man, when you are just so much more important? Thanks for the kick while I was down.

    By the way, I have devoted these last two years to hundreds of children in foster care. What do you do?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #7

    Jul 28, 2008, 01:39 PM
    We here were just giving you the "legal" end of your question. It had nothing to do with a "moral" end. Just because you "stood up for your fellow man" is great and all that, but the company can and will do whatever it wishes as far as your employment regardless of just how important you think you are - to them or to yourself.

    What do we do? A variety of career choices just as important as your work - we also volunteer our time to answer questions posted here and give the best possible answer we can. The fact you did not "lesson the morale" among the other employees is great but somehow the higher upps didn't approve of this and also you were not "at your desk" doing your job on a regular basis. Absenteeism and tardyness are two major reasons employers terminate employees. If you are as terrific as you think you are, you should have no problem whatsoever getting another job. Good luck job hunting!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #8

    Jul 28, 2008, 01:54 PM
    Quote Originally Posted by butrfli28
    Good grief. I hope none of you ever become sick for any period of time. I reported the SUPERVISOR on behalf of my fellow employees, not other employees. I was promoted during my initial medical leave because I am very good at my job, and I do not lessen morale amoung other employees. I was acting as an advocate for them, if anything. I am not permanently disabled, simply dealing with medical complications. It happens to people all the time, and I don't think people should be treated this way for an illness. I am licensed, and ethically bound to report criminal or unethical activity. The way you all respond, I guess it's just SOL for people huh? Wow. Narcisscism reigns. Why stand up for your fellow man, when you are just so much more important? Thanks for the kick while I was down.

    By the way, I have devoted these last two years to hundreds of children in foster care. What do you do?


    I responded to any number of obnoxious responses from people who asked for and got legal advice that was not to their liking.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #9

    Jul 28, 2008, 01:59 PM
    Quote Originally Posted by butrfli28
    Good grief. I hope none of you ever become sick for any period of time. I reported the SUPERVISOR on behalf of my fellow employees, not other employees. I was promoted during my initial medical leave because I am very good at my job, and I do not lessen morale amoung other employees. I was acting as an advocate for them, if anything. I am not permanently disabled, simply dealing with medical complications. It happens to people all the time, and I don't think people should be treated this way for an illness. I am licensed, and ethically bound to report criminal or unethical activity. The way you all respond, I guess it's just SOL for people huh? Wow. Narcisscism reigns. Why stand up for your fellow man, when you are just so much more important? Thanks for the kick while I was down.

    By the way, I have devoted these last two years to hundreds of children in foster care. What do you do?


    You asked for legal advice - you got it. This is not the feel good board. If you want a "lift" when you are down, go on the mental health boards. It has nothing to do with good for my "fellow man." You asked a question - you got answers.

    Everybody here is a volunteer so don't even mention narcissism (which, by the way, in the course of insulting people you managed to misspell).

    You are unnecessarily insulting and rude - and unemployed, of course.
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
    Ultra Member
     
    #10

    Jul 29, 2008, 03:37 AM
    Yes, they can legally ask you to provide your doctor's notes. You must provide documentation as to why you were not there to work. FMLA is not protection for you to take as much time as you want. The business is paying you wages to perform a job - you admit that you are behind in your work. It is not surprising that they are now trying to find a way to release you legally.

    I'm sorry that you are sick, but it isn't a free ticket to keep your job. Co-workers have to cover your absence or the company has to hire a temp to cover you - that means extra expense of their part. I had to let go a person that had chronic absenteeism (hers was divorce related) and she exclaimed to me "How can you fire me? I'm your best employee!" I simply informed her that it didn't matter how good she was if she was never here.
    jlew001's Avatar
    jlew001 Posts: 5, Reputation: 0
    New Member
     
    #11

    Dec 12, 2008, 05:37 AM
    Firing you because you "Tattled" on an employer is AGAINST FEDERAL LAW.
    There is such a law called "Whistle-blowers Law" that says an Employer CANNOT
    RETALIATE against an employee for "Whistle Blowing".

    My GF is going through the same thing because "Wally-world" (Wal Mart) has
    Bull**** policies regarding Call Ins due to absence...
    They claim they can fire you if you call in sick... EVEN WITH a doctors excuse.

    I am pretty sure that firing someone when they HAVE a legitimate and written
    Doctor's excuse is against some form of law somewhere...

    I can understand getting fired for "No Call - No Show" but to say it is an
    Unexcused Absence when you have a doctor's excuse is just totally WRONG!
    jlew001's Avatar
    jlew001 Posts: 5, Reputation: 0
    New Member
     
    #12

    Dec 12, 2008, 05:38 AM

    Oh and by the way - My GF is pregnant and there are also Federal laws against firing someone due to missed work due to pregnancy.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Dec 12, 2008, 06:56 AM
    Quote Originally Posted by jlew001 View Post
    Oh and by the way - My GF is pregnant and there are also Federal laws against firing someone due to missed work due to pregnancy.


    Unfortunately this is not a law which protects everyone in every scenario.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #14

    Dec 12, 2008, 07:04 AM
    Quote Originally Posted by jlew001 View Post
    Firing you because you "Tattled" on an employer is AGAINST FEDERAL LAW.
    There is such a law called "Whistle-blowers Law" that says an Employer CANNOT
    RETALIATE against an employee for "Whistle Blowing".

    My GF is going through the same thing because "Wally-world" (Wal Mart) has
    bull**** policies regarding Call Ins due to absence...
    They claim they can fire you if you call in sick... EVEN WITH a doctors excuse.

    I am pretty sure that firing someone when they HAVE a legitimate and written
    doctor's excuse is against some form of law somewhere...

    I can understand getting fired for "No Call - No Show" but to say it is an
    Unexcused Absence when you have a doctor's excuse is just totally WRONG!

    You have reopened a July thread and the OP has not been back. The OP was dismissed for several reasons, one of which was her inability to stay current with her work. An employer does not have to suffer (unfortunately for an employee who is not well) through the work day with a partial staff and/or a non productive employee.

    This is also a legal board and the "wrong" part of life really doesn't enter into things. This is a purely legal board.

    As far as your girlfriend - why don't you open a thread with her situation and see what answers you get.

    Otherwise this is pretty much a piggybacked situation.

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