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    cdheard's Avatar
    cdheard Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 24, 2009, 08:55 AM
    Fired while child is in the hospital
    I was recently terminated while my child was in the hospital. I was told "I should be a stay at home mom until my childs's health allows me to commit to 40 hr a week." The company does not offer family medical leave and does not approve leave without pay. Is this legal. I feel like I'm being discriminated against because I have a child with health issues. I live in DC but worked in Maryland.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 24, 2009, 10:07 AM
    Quote Originally Posted by cdheard View Post
    I was recently terminated while my child was in the hospital. I was told "I should be a stay at home mom until my childs's health allows me to commit to 40 hr a week." The company does not offer family medical leave and does not approve leave without pay. Is this legal. I feel like I'm being discriminated against because I have a child with health issues. I live in DC but worked in Maryland.

    It sounds like an employment at will situation. You can be terminated for any just about any reason, valid or not.

    Apparently your employer needs/wants you at the workplace for 40 hours a week.

    Do you belong to a Union or have an employment contract?

    You can always check with the Agency in your area that handles employment matters (sometimes it's Wage and Hour) but it does appear that you were terminated for not working 40 hours a week.

    I think they will be sympathetic to your situation but I think that the company is not violating any law.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Nov 24, 2009, 06:18 PM

    Companies like to have their employees show up on a regular basis. It costs THEM - not you - when you are absent for whatever reason. They are in business. They are not a charity. You must remember times are tough now and employers can pick and chose just who they want and who they don't want working for them. It basically boils down to a dollars and cents bottom line - not the fact that they are mean or heartless. They need a full time employee they can count on.

    I am sorry about your child being hospitalized but the employer can do as they wish these days hiring and firing.

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