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?
*added at a later time* I live in the State of Rhode Island. The company was notified the day I found out I had a stillborn (my first child) which was the day before I had the surgery. I called them after the surgery as well. I have been at the company for 4 years. I was able to collected Temporary Disability Insurance.
2006-10-05 14:57:28 · 8 answers · asked by Witchy Poo 2 in Family & Relationships ➔ Other - Family & Relationships
Go see a lawyer asap. This is discriminatory. That is not acceptable. You can sue them and get lots of money. Start seeing a counsellor or psychologist for help...this will also be usefull in court.
I am very very sorry for your loss and it is wrong of the company to have treated you this way.
Make sure you have documented all of the dates and times you contacted them about the incident. Also, were you not scheduled off for Maternity leave anyway?
Job abandonment is when someone does not call or show up with no excuse.
2006-10-05 16:55:33 · answer #1 · answered by Jennifer J 2 · 0⤊ 0⤋
They can fire you, but they shouldn't have. You probably have a case if you choose to force the issue -- especially if you can prove that you notified them before the surgery.
If you don't want to go the court route (which can take years before you get any justice), go to the local media instead. A lot of TV stations now have a special news team that handles just this kind of human interest story. The company will probably cave in the face of the bad publicity. DO NOT threaten to do this before you go to the news, however; the company will just slap you with a gag order, and you'll be in violation of the law if you speak up after that.
2006-10-05 15:02:55 · answer #2 · answered by D'archangel 4 · 0⤊ 1⤋
NO it really is not any longer legal. as long as they knew about your situation, they could't fireplace you for leaving in the back of your pastime. Alot will count on the files of your case, and what the regulations are on your state, in spite of the indisputable fact that it really is the base line. places like my living house state of Wa. are called "At will" states. this signifies that an employer can fireplace any worker, at any time, for any reason. The capture is in the adventure that they provide a reason, it might better suited be reputable, and not in any respect unlawful. Ie: discrimination, or phyical debilities. i'd strongly recommend you communicate with an employment regulation legal specialist. If what ya say is precise, they are going to be beggin you to enable them characterize you. A jury would genuinely, and rightly be sympathetic to a woman who had a nonetheless-delivery, and became fired for the aftermath. ---My sympathies to you besides, by skill of how. I recoil at advising someone to easily communicate with a legal specialist voluntarily, yet being fired after what ya went by is f--ing outrageous.
2016-11-26 20:10:05 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Not legally they can't fire you.You can talk with an attorney who oes wrongful termination on a contingency (you dont pay them
unless you win) or the board of labor and industries in your state
either will help you get your job back or recover the wages you would have otherwise gotten
2006-10-05 15:08:26 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, technically if you miss 3 days from work and you do not have any more sick leave, personal days, or vacation time left it can be considered abandonment. If your company valued you as a good employee, you would not have been terminated. But because they didn't they were well within their rights to terminate you.
2006-10-05 15:04:55 · answer #5 · answered by Joe K 6 · 0⤊ 1⤋
Talk to a lawyer as these things vary by state. Some states define employment to be "at will", meaning you or your employer can terminate your position for any reason as long as it does not violate discrimination laws.
2006-10-06 03:56:19 · answer #6 · answered by Alfonsio Ledbetter 3 · 0⤊ 0⤋
no they cant fire you under those circumstances every parent is entitled to take off 6 weeks for the birth of a child,, still born or not,,, its against the law you can sue and get your job back of its that important
2006-10-05 15:00:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
ABSOLUTELY NOT!
2006-10-05 14:59:12 · answer #8 · answered by Anonymous · 0⤊ 0⤋