I lost my child early last month due to stillborn. I was unable to drive for two weeks and the narcotics they had me on prevented me from operating a motor vehicle. One of my jobs told me whenever I could bring in the doctors note it was ok. My other job was told but they terminated me for the fact that I "abandoned" my job when they knew it wasnt the case. Is this legal? Is there any action I can take against the company for doing this to me?
2006-10-05 14:34:40 · 9 answers · asked by Witchy Poo 2 in Family & Relationships ➔ Other - Family & Relationships
Since you wee fired you need to contact unemployment and start the benefits process. They will investigate if you were fired with just cause. It sounds likely you were not. Once you have started the process and the agent makes a probative finding of your being fired without just cause then contact an employment lawyer.
Not only would you collect unemployment but you could sue for loss wages, stress, and grief. The state will also fine the employer for failing to follow the regulations toward medical leaves and termination.
Good luck but stay calm until you speak to the unemployment agents and your lawyer.
2006-10-05 14:39:12 · answer #1 · answered by Answerkeeper 4 · 0⤊ 0⤋
NO it's not legal. So long as they knew about your condition, they can't fire you for abandoning your job. Alot will depend on the details of your case, and what the laws are in your state, but that's the bottom line. Places like my home state of Wa. are called "At will" states. This means that an employer can fire any employee, at any time, for any reason. The catch is that if they give a reason, it'd better be legit, and not illegal. Ie: discrimination, or phyical debilities. I'd strongly suggest you talk to an employment law attorney. If what ya say is accurate, they'll be beggin you to let them represent you. A jury would undoubtedly, and rightly be sympathetic to a woman who had a still-birth, and was fired for the aftermath. ---My sympathies to you as well, by the way. I cringe at advising someone to actually talk to a lawyer voluntarily, but being fired after what ya went through is f--ing outrageous.
2006-10-05 14:45:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
To accurately answer your question, one would have to know what state you are from, because laws are different in each state. Since you can't put that here, I would suggest that you contact the Department of Labor in your state, and ask them. They will know if it is legal or not.
(I am very sorry for your loss, and it disgusts me that a corporation would allow this type of management, I sure would love to know who it was, because I would not be doing business with them anymore.)
2006-10-05 14:40:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋
i dont think that is fair caz u should be able to stay home from work if u have to have surgery due to a kid! If yr boss said that i would quit my job find a new one and call yr old boss an asshole!!!
2006-10-05 14:39:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
no but you can be replaced, thats what they did to my wife when she needed emergancy surgery, they removed her ovary and her boss replaced the next day while she was in surgery,, in my state they said it was legal,,i live in tx..check your local labor board and find out you may have a lawsuit on your hands,,
2006-10-05 14:40:05 · answer #5 · answered by kewl69charger 4 · 0⤊ 0⤋
get a lawyer and find out. that doesn't seem fair. did you make sure to tell your boss that you would need that time off because of what happened?
2006-10-05 14:37:25 · answer #6 · answered by Sarah 2 · 0⤊ 0⤋
This is the problem in working for other people.
2006-10-05 14:37:59 · answer #7 · answered by Anonymous · 0⤊ 1⤋
they can't fire you. there is a thing called FMLA and your corporation should know all about it. it's the law.
2006-10-05 14:38:24 · answer #8 · answered by the cowboy's girl 2 · 0⤊ 0⤋
yes you can sue them for that you can get some $
2006-10-05 15:01:20 · answer #9 · answered by Beatifulhunnie1984 3 · 0⤊ 0⤋