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6 days pre-op...fired for medical leave 6 days pre-op...fired for medical leave

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Unread 02-21-2002, 02:38 PM
6 days pre-op...fired for medical leave

Help! Anyone have suggestions about what to do when wrongfully terminated due to medical leave? My boss of three years handed me my walking papers with the explanation that he is not willing to wait for me to come back although he says I have done a wonderful job-this is the only reason for termination. I am due for surgery 2/27-will keep the insurance two months (he says) so hopefully that won't be an issue. I am 33, divorced, mother of two with pretty severe rheumatoid arthritis (4 years so far) and am not ready for anymore big life changes! Has this happened to anyone else?
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Unread 02-21-2002, 02:48 PM
6 days pre-op...fired for medical leave

Hi There!

I am sooooo sorry to hear about what has happened!

I don't know what to tell you about the employment issue, but we are surely here for you as you prepare for your hyst surgery. Try not to be stressed, and concentrate on your health right now.

You might find that, after your surgery and you are home recovering, things really get focused into perspective and you see what is really important in life. Believe the old saying that when one door closes, another one opens.

I hope everything works out for you, sweetie!

Unread 02-21-2002, 02:51 PM
6 days pre-op...fired for medical leave

There must be a State Department of Labor, or Labor Board, or something like that... They usually carry a very big stick, and should be able to explain to him that it is not permitted to fire someone just because they need surgery. At least here in CA it wouldn't be OK. I'd start there...

Meanwhile, if you can talk your boss into "putting it in writing" (y'know... just so you can explain to the unemployment office that you were not fired for cause... ) that might come in handy later. Did he say it in front of anyone? Is there an HR dept? Do they have anything in writing for you - "Reason for termination..." on some form?

As far as I know, that kind of "firing" has been illegal in all states for years. Don't quote me... not a lawyer, and all that...
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Unread 02-21-2002, 02:57 PM
6 days pre-op...fired for medical leave

I would check with the State Department of Labor, I believe there is a Federal Law against this. And a violation of your civil rights. Check on this very carefully! You also might call a lawyer that might be able to give you some advice, some will give you advice for free especially if you have a case.

And I would definately get it in writing that he is letting you go and if you have any reviews regarding how he has had not had any problems with your work that would be good to have too!

Good Luck!

Unread 02-21-2002, 03:24 PM

What your boss is doing is illegal and against Federal Law. The U S Dept. of Labor supplies every employer with family medical leave forms. Anyone with a major medical problem is eligible for up to 12 weeks of medical leave by law not with pay of course but it gives you the cushion of not being fired either. Give your boss a second chance and tell him you want to take federally approved family medical leave (this is the same leave women who are pregnant take) or you will go and see an employment lawyer and the next time you see him it will be in court. What he is doing is so illega and wrong! Thank goodness we live in a county that protects the worker!
Linda H
Unread 02-21-2002, 03:33 PM
6 days pre-op...fired for medical leave

I have been in human resources for seven years, so I have a couple of questions. First off, how large is the company? If it's a larger company, you are covered under a law called FMLA, and it is illegal to terminate you due to your condition for at least 12 weeks POST SURGERY.

If you want, you can AIM me at Duckslilangels and I will give you a little more information.

I definitely wouldn't "lie low" on this... make sure that what they are doing is legal... don't let them get away with it!

Unread 02-21-2002, 03:57 PM

Need to say that little phrase to your boss. I had plenty of sick leave AND vacation (in fact I must use two weeks now or lose it) but I still filled out FMLA forms because they protect you - your leave can NOT be used against you.
Unread 02-21-2002, 04:09 PM
6 days pre-op...fired for medical leave

Hi boo,

Below is a link to the U.S. Department of Labor, Family Medical Leave Act section. Unless you work for a tiny company (less than 50 I think), your medical leave should fall under the FMLA. There are a few other details, but most companies can't get away with what your boss did. I am so sorry that happened to you and I know the timing couldn't be worse. I think Toonces made a very important point about things coming into perspective. What kind of person would pull something so low?? It really is true that when one door closes, another opens. My life is living proof of that.

The very best to you!

Unread 02-21-2002, 06:33 PM
FMLA issues

I am sorry to hear you are about to lose your job before your surgery. It seems that if you work for an employer with less than 50 employees, it is their discretion on how to pay you while you are off work. Do you have any vacation time earned toward this year? Has he offered to give you the money from that vacation? An attorney experienced in Employment Law can review your case. It would be better for you to call someone now before your surgery. Or, you can call the Equal Employment Opportunity Commission. I am not sure if they can help, but women who are terminated because they believe it was due to pregnancy have used EEOC to investigate their claim. EEOC has a lot of work and they may not be able to help you sooner than an attorney. I sent you a private message. Please feel free to contact me.
Unread 02-21-2002, 06:54 PM
Happened to me too

My situation is a bit different. I was under a contract with a company as an independant sales representative. I had a guaranteed base pay plus commission. After my D&C and knowing the BIG one was imminent, they used a 30day clause to cancel our working contract. THEN....they withheld my final months pay.

You should be able to at least get unemployment. I tried but was turned down because the state views me as 'self employed'. If I were not in so much pain I'd postpone surgery, but I really need it. My ovaries are ready to :explode: with pain.

I am sorry to hear this has happened to you, I wish you the best and keep us posted!

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