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gw_88 · Sep 17, 2010, 08:12 PM

I called in on Tuesday and became so sick I was unable to call in for wed thur fri I received a letter intending to dismiss on sat, On Monday I explained I had become so seriously Ill I was unable to call and was going to need more time to recover I was fired. I was a very good employee for four years. I was never asked for a Doctors excuse but did acquire one for the appeal it was not recognized . I did ask for leave but was not offered any

Alty · Sep 17, 2010, 09:04 PM

Sure they can fire you. They can fire you for whatever reason they want.

If you worked there for 4 years you may get 2 weeks pay because they should give you 2 weeks notice, but I don't think you'll get more than that.

JoeCanada76 · Sep 17, 2010, 09:40 PM

It is almost like three strikes and your out. Same idea.

You were a no show for three days in a row. That is pretty much like quitting your job.

J_9 · Sep 17, 2010, 09:42 PM

If you live in a work-at-will area they can fire you for any reason at all.

Since you did not call in sick for the other two days, nor did you have anyone call in for you, it is possible they thought you quit. Where I live it is considered quitting if there is a no call/no show for 3 days in a row.

gw_88 · Sep 17, 2010, 11:18 PM

Is that to say if I was in the hospital unconscious from drugs they gave me I would have no recourse

gw_88 · Sep 17, 2010, 11:35 PM

What if one could show that the employer had plenty of prior knowledge of this condition(Employee was recently hospitalized for this condition and discussed it with the employer) was aware the absentee was suffering from it during the time of the absence yet attempted to cover up there knowledge and make it about the no call no show rather than acknowledge the disability needs of the employee. Suppose the employee was in the hospital under sedation due to this condition. Making it impossible to call

Wondergirl · Sep 17, 2010, 11:49 PM

No one could make the call for the employee?

Wondergirl · Sep 17, 2010, 11:51 PM

The employee was under sedation for the entire three days?

gw_88 · Sep 18, 2010, 12:09 AM

Nowone knew to call and yes under sedation for the entire three days

Wondergirl · Sep 18, 2010, 12:17 AM

Originally Posted by gw_88

nowone knew to call and yes under sedation for the entire three days

No coworker or family member knew this person was in the hospital? Who admitted the patient?

What was wrong that the patient needed to be sedated for three days?

Alty · Sep 18, 2010, 12:34 AM

Suppose the employee was in the hospital under sedation due to this condition. Making it impossible to call

Suppose we stick with the facts.

Were you in the hospital for 3 days, sedated? Where was your family or friends? Who admitted you to hospital? If you knew you had to go to hospital because of a prior condition, why didn't you inform your employer prior to going? Why couldn't anyone call?

parttime · Sep 18, 2010, 03:03 AM

At-will employment - Wikipedia, the free encyclopedia

This should answer your questions. Good luck

gw_88 · Sep 18, 2010, 10:14 AM

If a person is suffering from a legal disability and fails to call in to work to report his absence due to being incabable of understanding his obligations at the time i.e. schizophrenic episode, adverse reaction to medication. Should a tolling of the statute of limitation or time constraints apply in an employment regulation case and give that employee more time to report his absence perhaps until he is well enough to do so? Can you name a case where this occurred

Alty · Sep 18, 2010, 10:42 AM

Please don't start a new thread for the same question.

I've asked the mods to merge this with your other thread.

If you have more info to add to a question than do so on the original thread. Posting the same question over and over again, with different info, will not get you different opinions. We check previous posts when answering, so that we can get the whole story.

Wondergirl · Sep 18, 2010, 10:55 AM

There were absolutely NO friends or relatives who knew you were in the hospital and who could explain your absence to your employer?

No one at work knew or had figured out after four years that you are schizophrenic (even if you were on meds)?

You weren't really sedated for three days, but were out of touch with reality because of the schizophrenic break that you were experiencing?

If you would be upfront and honest with us, we would be able to give you a good answer.

gw_88 · Sep 18, 2010, 11:19 AM

I am a mainic deppresant and had a very intense episode of mania. I am looking for similar cases. I called in originally but became incapacitated. I explained this to my employer but they chose to fire me rather than grant me time to recover. The police had made my condition known to them but they denied knowledge of the disability

Wondergirl · Sep 18, 2010, 11:23 AM

Originally Posted by gw_88

I called in originally but became incapacitated.

So you did call in.

Why have you mentioned schizophrenia?

ScottGem · Sep 18, 2010, 11:44 AM

Ok, frst I don't know what you think Statue of Limitations has to do with this. SOL refers to the amount of time someone has to initiate legal action. The only thing that applies is the company policy on reporting absences.

If the company has a policy about reporting sick time and you violated that policy they could fire you. The only recourse I see you having might be under the ADA. If you can prove you were discriminated against due to your disability you might have a case. I would consult an attorney familiar with disability issues.

Fr_Chuck · Sep 18, 2010, 01:04 PM

Yes SOL has nothing to do with this. The other issue is of course the company can fire you at any time for any or really no reasons, unless you have a contract. Next the issue is that if your medical condition makes it impossible for you to do normal work, and there is no accomidation at work that can be made to allow you to work with your disablity, yes you can be dismissed.

A work place is just that, a place to work they are no a social agency, they pay a person for certain skills or services

gw_88 · Sep 18, 2010, 05:43 PM

I am using some hypothetical circumstances so that I might create a better case. I am not trying to decieve you I have no reason for that. I am using this method to get outside the box. I was a very good employee with near perfect attendance and reviews going back four years reflecting community excellence. I went on short term disability 10 weeks prior I was hospitalized and diagnosed with manic deppresion. I returned to a hostile work environment but made full effort and missed 0 days. Then I began to lose sleep on a Thursday and on the following Tuesday I called in sick. That was my first day out. I went 4 more days without any sleep and was completely incapacitated. My wife left for a few days because it was not a good idea to keep my 2 year old in the home. I was acting bizarre and distant and we both agree it was the right thing to do. She called the police on the first day of my absence and the third day of my absence to have them check on me. She explained I was paronoid and psychotic and that she was trying to get me help. The police reported back to my employer because I was a city employee. Now I have some pieces of evidence that show communication with my employer by police and a judge who both reported my abnormal behavior. We have a lot of employee friendly programs for simmalar instances but my employer denied me access to those by leaving most of the mental illness stuff to the side and then down played it at the appeal while misrepresenting the facts . There was no intentional act of misconduct and according to our rules only a serious offense would by pass the rule of progressive disipline. I should have been afforded an adequate oppurtunity to correct my behavior that's what policy indicates. I believe I already have a strong case for discrimination. I am trying to find legal precedents showing reasonable causes employees could not call in. (A car crash victom for instance, the police would probably be the reporting agency to family or employer if family was unavailable. Now if that guy or gal is in a coma for a week I suppose an employer could fire them for no call no show. But there would have to be something in the law to protect that persons job and if there is not there should be. It seems civil and sound and legally right, you maybe the person returns and they say to bad we fired you and that's their right But I disagree with that and I think most people would. Especially if the employer knew of the car crash and sat by the phone with an evil smile watching the clock for 72 hours. Waiting to sign the termination papers that had been written days in advance.

Originally Posted by Wondergirl

There were absolutely NO friends or relatives who knew you were in the hospital and who could explain your absence to your employer?

No one at work knew or had figured out after four years that you are schizophrenic (even if you were on meds)?

You weren't really sedated for three days, but were out of touch with reality because of the schizophrenic break that you were experiencing?

If you would be upfront and honest with us, we would be able to give you a good answer.