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I am above the allowed absences with my employer. Most of my absences were during my pregnancy and emercancy room visits. At the end of this month I am required to have a heart procedure which required me to be off work three days. I have handed in two doctors notes. My employer notified me IN WRITING that if i took these three days off that I would be terminated.I used all of my FMLA with my pregnancy. I have contacted several attontry's and becuase Michigan is an at will employer there is nothing I can do. I was notifed of this termination about three weeks ago.. now this week(aweeek before my procedure) I am gettin the feeling that they are going to let me come back. To be honest I do not want to for several reasons and one being i fear they will find something else to fire me for so that I am unable to collect unemployment. If they do not put it in writing or whatever can I still not come back and collect unemployment? i still can'yt get how an wmployer can get away with playing ga

2006-10-24 17:35:29 · 4 answers · asked by cholelouise 2 in Politics & Government Law & Ethics

what if all of a sudden they want me to come back? They gave me termination notice in writing.

2006-10-24 17:49:46 · update #1

4 answers

I too live in Michigan. Call the State of Michigan Dept. of Civil Rights You have rights. You may be able to bring a case against your employer. They may have realized this, in fact and maybe that is why they will let you stay.

If you are fired you can get unemployment. HOWEVER, unemployment will expect you to be ready, willing and able to work. So that might be a problem if you are ill and can not work If you quite you will not get unemployment.

I must say it is sad that an employer would be such a $#@*& about something like this. It doesn't help your health any to work in a place like that. Do you have a union? The union can come to your help if there is one and you are a member. They can help you battle with the employer and also might be able to help with a bit of money too. I have been through a couple of different problems with employers and I can tell you if you fight like hell you can win. Been there... and have.

Best of Luck to you.

PS. If I were your union stewart this is what I would do. You can not be the one to do it because it puts you in a bad place. Someone else must come forward to do this and a union stewart would be the right person if you have a union and even if you are not yet a member. As a stewart I would approach management and say sometime to the effect (with out an out and out threat) "it sure would be a pity if this story got out into the public. Not good press for the company..." and let them think about this. But this would be the last straw sort of thing in a very evil game of management- union chess. It could backfire, so do not try this yourself.

2006-10-24 17:47:10 · answer #1 · answered by tonks_op 7 · 1 1

believe it or not in most states an employer does not have to give a reason for firing an employee.plus they have a right to Deny unemployment benefits,if they do that then you have the right to a hearing with a broad of unemployment reps who will decide if your company has to pay or not.if you collect unemployment and the company asks you to come back and you say no then they don't have to pay anything good luck

2006-10-24 17:45:34 · answer #2 · answered by Anonymous · 0 0

It's at will employment. They have to show just cause for letting you go to deny un-employment. They have in writing that you would be terminated if you take this additional time off. Which will be sufficient cause to deny unemployment.

It sucks that you have had all these problems, but an employer has a right to expect an employee to come to work when scheduled. They need to fill the position with someone who they can depend on to be there. Put yourself on their side and understand it is a business.

2006-10-24 17:40:42 · answer #3 · answered by slow_play69 3 · 1 2

You may be getting the blues in advance. There is nothing you can do to change anyones mind, so just play it out as it goes and see what happens. I think you will be able to collect unemployment if you are fired for any reason. If you can't just speak spanish to them and you will have it made.

2006-10-24 17:38:28 · answer #4 · answered by Anonymous · 1 2

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