I started a new job 5 months ago and I am normally a good reliable worker,but in the last 4 month for some reason my back has gone completly out and I have called in sick 3 times.Well once again my back has gone out and Docter says if I go back to work I will risk reinjuring.I need to wait until the back pain stops.Will my Boss have just cause to dismiss me.I didnt know I had a bad back when I started this job.Just started to happen.Oh yeah I work for federal government.
2006-08-16 08:33:12 · 9 answers · asked by andyin137@verizon.net 2 in Health ➔ Diseases & Conditions ➔ Other - Diseases
Thank you for all the great replies.I am now going to close the question as I got a great reply on my rights..I am going to force myself to work tonight (with prescibed Medications,Celebrex,Soma,Vicidin)of all these prescibed meds I should be feeling some pain releif.
2006-08-16 11:47:12 · update #1
Probably. Where do you live (state)? Are you a member of a union? Do you have a written contract that both you and your boss signed? If you are not in a union and you do not have a written contract, then you are probably an at-will employee. At-will employees may quit their jobs or be dismissed from their jobs for almost any reason at any time. You cannot be fired for any reason covered in Title 7 (race, sex, color, national origin, or religion). You cannot be fired for refusing to break the law.
You can be fired for missing work even with a doctor's note.
2006-08-16 08:45:21 · answer #1 · answered by Coco 2 · 0⤊ 0⤋
Excellent question!! Here are some things for you to consider abaout your question, from a 30+ year HR Executive (first 1/2 as a Federal Employee).
1) You say that you work for the "federal govt". Is there an "Employee Handbook" there? Many private companies have one. This document will cover the "rules" about sick leave absences. Normally, the "rule of thumb", absent specificity in an Employee Handbook, is that any absence longer than 3 days requires a Doctor's Statement justifying the need for the absence, and the return to work.
2) In the private sector, we have FMLA (Family Medical Leave Act) that we can trigger when we need to be off of work for medical reasons. But, having been at work for only 6 months wouldn't qualify you. Do you have this as a Fed?
3) In the private sector, we also have STD - or Short Term Disability available if someone has a reason to be off of work for, usually, longer than a week. Do you have access to this to trigger?
4) A bad back can be considered qualifying for ADA (Americans with Disabilities), where, if you let your employer know that you need reasonable accommodations, your employer must work with you to create these acommodations. We have this in the private sector; do you havae this as a Fed?
So, the REAL answer is, "Maybe", depending on what you decide to do in communicating with your Employer, based on the rules of your employment!!
Hope that this helps. Please email me with additional questions.
2006-08-16 15:55:22 · answer #2 · answered by disabilitylady 3 · 0⤊ 0⤋
You should get advice from an attorney. Many of them will give free consultation for your first visit. They can tell you what your rights are.
My girlfriend got in a car accident and messed up her knee. She had been working at Costco for about 3 months and they ended up letting her go. Their excuse was that for her postion, she wouldn't likely be able to work again for a long time. She was seasonal however, so you may have a case.
You should at least talk it out with your boss and explain your position. Hopefully they can work with you and give you a set amount of time off to fully heal.
good luck
2006-08-16 15:44:10 · answer #3 · answered by Patrick F 3 · 0⤊ 0⤋
In a right to work state you can be terminated without good reason. I live in a right to work state (SC) and worked for family. I went on an unexpected long maternity leave (premature birth) and when I got back I didn't have a job and they didn't even bother telling me until the day I showed back up for work. The best part is that I work for family. Sense then I've gotten my foot back in the door and taken over the company.
2006-08-16 15:40:44 · answer #4 · answered by murph_ltt 5 · 0⤊ 0⤋
In UK, this would be grounds for getting fired. Sorry, my friend. Also in UK, you would be entitled to a notice period......this means they pay you for a certain length of time before they fire you. You either have to work the notice period or you negotiate with employer to not work it but still get paid. In UK this period is 1 week, generally speaking.
If you work for the gov't......they are usually pretty good about how they treat their employees. But if you have been employed less than a year an employer can pretty much do what he wants to, within reason. This is UK law. Sorry if this don't help.
Seek specialist advice about your back?
2006-08-16 15:44:50 · answer #5 · answered by lou b 6 · 0⤊ 0⤋
If a boss wants to fire you he will find a way. With your situation he might say you can't handle the work, or you have missed to much.
It's a shame you didn't report this the first time you hurt your back. Now they will fight you if you say you did it at work (especially if you work for the feds) I know this because I work for a fed factory and I've seen it........ Good luck
2006-08-16 15:50:22 · answer #6 · answered by STPM 2 · 0⤊ 0⤋
an at wil employee can be fired for any reason, a bad reason, or no reason provided that its not for a reason prohibitted by law. an employee is not at will if the term of his employment is governed by a contract. the american with dissabilities act or a related state statute may provide you with protection.
2006-08-16 15:39:33 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Nope, if you have a certified medical excuse to not go to work they cannot fire you. Although it's better if they do, you sue and get lots of money.... But your boss probably knows that
2006-08-16 15:39:19 · answer #8 · answered by Paul C 2 · 0⤊ 1⤋
yea he can fire you but if you work for the government I can't believe that he would, but yes...yes he can.
2006-08-16 15:38:45 · answer #9 · answered by A.Marie 5 · 0⤊ 0⤋