Venting Sorry, Fired while on unpaid medical leave for hysterectomy right before I was to go back!!!!!!

I had my 6 week postop appointment scheduled for my total vaginal hysterectomy and my boss fired me the day before my appointment, so 2 days before I was suppose to go back. The reason she gave me was that I was lying and deceitful because I was offering to take some photos at the chance of making $25-$50 since my husband was laid off and my company does not offer disability pay. My GYN had said it was fine as long as it was for short periods which it would have be 30 minutes to an hour, no lifting or climbing simply taking pictures. At the most the lifting would have been a couple pounds since that's what an umbrella light for photos ways. Anyways she said I lied about not being able to return to work. Yet my doctor would not release me to return to my position until my 6 week exam. She thought I should have been back in 3 weeks. She's had a hysterectomy and not sure what she was thinking. At 3 weeks I was still struggling to get myself up or sit on my bottom, plus was dealing with a UTI from my cath. Luckily unemployment (and my doctor ) agreed that she had no right to tell me what I could and could not do while on medical leave, therefore I firing for misconduct was unwarranted. I could have climbed a mountain if I wanted to technically but NOT the way I was feeling. Unfortunately though my ex employer decided to continue to fight it and I have a telephone hearing tomorrow. I have been applying to 3-5 jobs a week since they fired me and I have not found anything, I can not afford for something to go wrong with this hearing. Sorry ladies I needed to vent, my closet relative or friend is an hour away and my husband is 700 miles away for work right now and I am completely stressing about this call tomorrow. I have been in the room while my manager was on one of these calls and she was ruthless

You're probably familiar with FMLA policies, but just in case:
http://www.dol.gov/whd/regs/compliance/1421.htm
Near the bottom of the page are Q and A with interesting info about medical certification, and what employers can and cannot restrict your activities while on leave. Don't know if it helps. I just had to go to small claims court and wrote down my points very clearly and told myself to ignore what the other person said in their first statement. It really helped keep me calm and not get distracted by accusations that didn't have to do with the matter at hand.

I'm so sorry you have to go through all this and still be recovering from major surgery. Best of luck to you tomorrow.

Hugs and prayers for you.

Unfortunately I was not on FMLA because I had only been there for 9 months at the time of my hysterectomy.

Hi you poor thing. This would be one of the last things you need. Just a few thoughts to help you would be get any paper work from your dr to back you up and is anyone going to be in the room with you for moral support ? Good luck I hope it all works out.

I would get a hold of someone at the ACLU

Chris

So sorry you have to deal with this. I hope I can be a little help, I worked management for 15 years. I second looking into the FMLA, I don't remember having to be in a position for a certain amount of time to qualify. One of the first things you need to check is if your state is a Right to Work state, mine is and sadly any employer can fire anyone for any reason at any time. Though in 15 years I never terminated an employee for not returning from surgery/illness/pregnancy/family emergency fast enough, many of my ladies going at least 2 weeks over the original estimate and required a modified schedule upon their return.

Do you have any documentation before you went on leave from your manager? If not still dictate a very clear timeline and what was said about how long you would be out and when you would return.

Detailed note from your Doctor on your procedure and that is was under his/her order that you were medically unable to return to your position until x date? If comfortable they can list the consequences for returning when your manager expected.

Was your Manager aware of your photography business before? Does is compete with or interfere with your other job? How did she find out about you doing the session?

Has the manager done this before to other employees?

Does your former company have a District Manager or HR department you can speak with?

The most important thing is to gather your facts and keep calm when discussing the matter. Emotions and yelling get no one anywhere. She will no doubt be very defensive and emotional when hauled in to discuss it. Good Luck

I'm so sorry!!
I had to do a phone appeal against an employer for firing me and it wasn't even a medical claim. I won because the actual firing was not for a reason that they consider to be reasonable.
You have all the proof that you need to fight and win. Do not worry. Before your telephone appeal, write down everything that caused your delay in returning on the day you specified that you would. Also, be sure to say that you honestly did not realize how major of a surgery that it would be. Be respectful and answer with a Sir or Ma'am. Don't use slang words like yeah or nah.
Believe me, these will help you
One VERY important thing while on this call, NEVER interrupt anyone. Wait your turn to respond to anything that she has to say. If possible, make sure you go into a room that is very quiet so that you can hear everything said. If your ex employer says something that you know isn't right, be sure to write it down to address when it's your turn. The Rep that will be handling the appeal, will ask you some things that they claim. Answer honestly, no matter what.
Hopefully, the ex employer will be as crappy to you during the phone call as she is other times. Someone that is that nasty every day WILL slip up when they don't mean too and that will be all the better for you, lol
Good luck getting this taken care of! You have a right and she does not! She is the type of employer that we have FMLA!! People go through this way too often!
I am lucky enough to work where they MADE me fill out the paperwork and submitted the paperwork for me. I will say a little prayer for you tonight and will be thinking about you tomorrow. Please come back and let us know how it went. Stay calm and breathe

Rachel I am so sorry and wish you well with your recovery. The dept of labor has specific FMLA laws that an employee is entitled to 12 workweeks after completing 12 months and 1250 hours of employment.

The leg you have to stand on is in view of your length of employment, why they granted you an illegit unqualified leave and and let you go two days before your return? If she kept you position vacant that long, she could have waited to more days for your return. Recruitment and turnover costs are high for businesses. In so some states employees are allowed to bring representation to these hearings (even pro bono) Get a hold of the company's policies, any written correspondence between your boss and you for ammo. Best wishes!

Thank you everyone for all of your responses. I had a phone call with my husband yesterday since he is out of town for work now, he calmed me down. Hearing is being rescheduled because they lost contact with the employer twice during the telephone hearing but I was very polite and did not interrupt. I have a page full of notes and definite rebutles (sp?)