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    becca5172's Avatar
    becca5172 Posts: 4, Reputation: 1
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    #1

    Jan 15, 2008, 09:50 AM
    Got fired while on medical leave
    [F]

    Hello I'm needing to know what I can due about a company that fired me while I was on medical leave.had miscarriage she told me to bring the doctors statement in on Friday so I could show why I was on medical leave so I did so.but before I got there got a phone call I was fired need to bring in my uniform, I was upset,and when I got there they were rude to me and I'm still under a md care and not released from work they told me I wouldn't get unemployment nor would I get a dime from them what can I do about them doing this to me?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 15, 2008, 09:59 AM
    Are there more than 50 people in the company? If so, you are probably covered under FMLA and they can't fire you. If not, they can fire you for any reason.

    Take your case to your local state labor board.
    becca5172's Avatar
    becca5172 Posts: 4, Reputation: 1
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    #3

    Jan 15, 2008, 10:03 AM
    I'm not sure if there is 50 it a small hotel there quiet a few that does work there.well I spoked to a lawyer here in ky where I live at and he told me they can not fire me while off the clock, nor while on medical leave.I think it bull how there treating me.ive been there over a yr and this happened out of no where didn't know I was pregnant was a tubal pregancy,they hospitalized me and there was nothing I could do wasn't my fault I lost a baby.now its like there holding it against me
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 15, 2008, 10:05 AM
    Did the lawyer say he was willing to represent you? If so, then give him the case.
    becca5172's Avatar
    becca5172 Posts: 4, Reputation: 1
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    #5

    Jan 15, 2008, 10:07 AM
    Don't have the money for him to represent me
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jan 15, 2008, 11:32 AM
    1. Was it an official leave, how long have your been there, for example the FMLA has requirements of being employed for a certain amount of time.
    For example ifyou had only worked there for 3 months, and you were going to be out of work for a long time, they do not have a obligation to keep you employed.

    They can not fire you while on a workers comp injury, but if you are not under a FMLA yes they can ask you not to return to work.

    The commpany does not have any final say in getting unemployment,
    You file your claim, if they deny it, there is a hearing.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jan 15, 2008, 11:52 AM
    Quote Originally Posted by becca5172
    dont have the money for him to represent me
    Shop around, if your case is good you can get someone to represent you on contingency.
    becca5172's Avatar
    becca5172 Posts: 4, Reputation: 1
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    #8

    Jan 15, 2008, 04:39 PM
    I've been there for over a yr and no I wasn't going to be out but maybe 2 weeks, and they fired me as I was on medical leave they have no rights , even under my employee hand book . They have one girl that doesn't have a babysitter and still on schedule ,and not even working.I was a damn hard worker and they even told me that .I lost my baby to a miscarriage I know this hotel is messed up. I've got the workers right commesion looking into it.along with the ky work law as well
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