I have a back problem. I woke up for work and couldn't move. So I went to the emergency room and was givin a doctors excuse for wed. thurs. fri. of the rest of my work week. I went and seen my family doctor and he put me off the rest of the next week. I had him fill out my FMLA papers and turned them into work. They still terminated my employment. Now they do have a point system for termination and missing that day put me over the points to be terminated but being on FMLA I thought that you were not suppose to have anything held against you, for being off of work? Please let me know what I can do.
2006-07-24 07:35:27 · 11 answers · asked by Anonymous in Health ➔ Other - Health
Fisrt, all of you arm-chair laywers need to learn how to read, he does not have a case. I worked as a shop steward and he was fired justly. You were fired because you had pointed out the day you went into the ER. Plain and simple, you abused the point system and tried to back track it by using FMLA. Your private doctor could not legally back date your FMLA to cover your ER visit, since you were not under his care at that point for this injury. So you were not fired for being on FMLA, but for having too many points. And yes, you can get fired while being on FMLA for other reasons, you can not get fired just for being on FMLA.
2006-07-24 08:18:49 · answer #1 · answered by lignebur72 5 · 1⤊ 1⤋
FMLA is such a sticky issue. I also know first hand about FMLA and how employers like to attempt to get rid of someone who claims issues. I would bet my life that your employers are not attempting to get rid of you do to FMLA but because of worries of job related injuries and your back. Employers can almost fire people for almost anything. However, they can't terminate someone who is legally covered by FMLA. I had a friend that happened to and she hired an attorney. Not only did the workplace have to hire her back but she received full back pay, benefits, and her attorney's expenses. Seek professional help.
2006-07-24 07:47:30 · answer #2 · answered by questionMD 2 · 0⤊ 0⤋
It depends on if you live in a right to work state(Which means that either you or the employer can terminate employment for any reason that doesn't violate any EEOC rules). Have you challenged the employer's decision by filing a grievance? That's a terrrible situation to be in, my dear. What I suggest to you is to contact an attorney that specializes in employment law as soon as possible. Also, contact your local labor board as well. If you were on FMLA and had documentation proving so, you shouldn't have been terminated. If they couldn't hold your job, they have to find you something similar for you to do. Good luck, dear.
2006-07-24 07:45:15 · answer #3 · answered by ? 4 · 0⤊ 0⤋
You need to contact a lawyer and the employee relations person at your job. There may have been some process or procedure for getting FMLA that you did not follow. Either way, a lawyer can review the paperwork for you and let you know what rights you have.
2006-07-24 07:42:19 · answer #4 · answered by Meesh 3 · 0⤊ 0⤋
I have a point system at my work too, and I don't think they can terminate you while on the FMLA. You should contact a lawyer and find out what you should do.
2006-07-24 07:40:22 · answer #5 · answered by CLM 6 · 0⤊ 0⤋
FMLA protects you from losing your job. That's what it was designed to do.
If your FMLA was approved by your employer, then your employer is required to hold a position for you (may not be the exact position you had, but they have to hold a similar position for you) for up to 90 days. This is the law.
I agree, you need to seek legal counsel
2006-07-24 07:42:19 · answer #6 · answered by rhubarb3142 4 · 0⤊ 0⤋
First you need to have workeed there for a certain amount of time before you qualify- one year approx. not every heatlh condition qualifies- it must be a serious health condition, but the excuses form the docotr sound pretty good-start withteh Empoyer and ask if this is a mistake- they must keep you job open for 12 weeks un paid leave- If they don't change their mind go to the EEOC-your state may have a similar p[lace to look into it EEOC is Federal
2006-07-24 07:49:05 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i ought to contact a lawyer, an corporation is meant to locate you a position in the corporation without starting to be too a lot hardship on the corporation. yet they could might want to show data that they tried to save you with the organization. in the experience that they have got data and also you're enable pass i'm afraid you're out of success my pal.
2016-10-15 03:55:29 · answer #8 · answered by ? 4 · 0⤊ 0⤋
you are correct. you have a law suit on your hands if you want to push it. my only question is are you sure it was because of your FMLA or did you call off alot befoe that.
2006-07-24 07:40:38 · answer #9 · answered by Becky 3 · 0⤊ 0⤋
Get in touch with the Department of Labor.
Firing while on FLMA is against the law.
2006-07-24 07:39:14 · answer #10 · answered by Anonymous · 0⤊ 0⤋