I returned to work after 7 weeks out for illness. My doctor provided a note stating medically cleared to return to work, also filled out FMLA forms provided by job (but did not give the specifics job wanted)( I thought my medical condition was private). after two weeks returning to work, HR rep stated that my FMLA papers were not filled properly. they gave me 3 days to have re-submitted or I will be terminated. I did not meet the deadline and they fired me.
2006-12-07 07:30:44 · 7 answers · asked by William K 1 in Politics & Government ➔ Law & Ethics
I guess it's time to find a new job. Make sure the paperwork gets done on time for your new bosses.
2006-12-07 07:34:41 · answer #1 · answered by Teekno 7 · 0⤊ 0⤋
This won't be the answer you're hoping for. If you're physically unable to do your job, even if he cause is your pregnancy, they don't have to find an alternate position for you, or keep your job for you, they can just terminate you. Your only out would be if you were eligible for FMLA leave, then they'd have to give you up to 12 weeks of (unpaid) leave. You say you worked 5 days a week for a year and a half, but don't say how many hours your shifts were. If you worked 40 hours a week for the full 12 months before you were looking to go on leave, you'd be eligible as far as hours, if they were 4 hour shifts, no. Only the 12 months before you go on leave counts. But 12 weeks of FMLA leave wouldn't have carried you through the rest of your pregnancy, so even if you were eligible, that wouldn't have done you any good, you'd have been out too long. Bottom line, you weren't fired for being pregnant, which would be illegal. You were fired for being physically unable to do your job, which is legal. Have you applied again, now that you're able again? If they need someone, they might be interested in rehiring you.
2016-05-23 04:16:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
They wanted to get rid of you. They might've wanted to dump you due to budget constraints, or the unwillingness to have you on their medical insurance, or maybe you're just a pain in the a**. Whatever the reason, they wanted to get rid of you, and they found a reason, and they did it.
You can indeed talk to a lawyer about this situation, and get into a lawsuit. However, if you ever see anything it will be years from now.
The best course of action is to spend all of your time and energy finding a new job. If you come off as bitter, vindictive, etc then you won't be able to find a job. What's done is done, and in another year you'll probably look back and say that it is a good thing that you moved on.
Whatever you do, should you decide to pursue legal action, you need to keep it absolutely confidential. If your new employer, or prospective employers, find out that you're filing a lawsuit then they will get scared, and bad things will happen. Employers see things as employers, and the though of such a FMLA lawsuit pretty much poisons your employment well. It's not fair, it's not legal, but that's the way things work.
2006-12-07 07:44:44 · answer #3 · answered by geek49203 6 · 0⤊ 0⤋
Well if they gave you a deadline and you did not meet it, they can use that as grounds to fire you, but if the papers were filled out right and they had no reason to get them redone, then there are steps you can take. I'm pretty sure you do have to tell them why you were out though. My husband broke his ankle and his job wanted like really thorough details about the accident on his FMLA papers, but then he went out on paternity leave and because he was just out for me having a baby, they didn't need details. But if you were out for your own illness I'm pretty sure you do have to tell them about it. I'm not sure exactly who you work for, but you need to speak to someone as high up the ladder as possible.
2006-12-07 07:35:53 · answer #4 · answered by ~~kelly~~ 6 · 0⤊ 0⤋
Bummer...you're SOL.
While your medical records are private...you must disclose certain info to your job....which you did not...then they gave you a chance to rectify that...and you choose not too.
Good luck with the new job.
2006-12-07 07:40:32 · answer #5 · answered by kissmybum 4 · 0⤊ 0⤋
I dont understand why you didn't fill them out completely.
If you were out because of illness, then put "flu"
IF you were out because of cancer treatments, then put "ongoing medical treatments for life threatening disease"
if you were out because of other reasons, you can be vague, but still describe it outright.
2006-12-07 07:38:29 · answer #6 · answered by arus.geo 7 · 0⤊ 0⤋
Have you talked to a lawyer? What this Company did, does not sound legit to me.
2006-12-07 07:42:00 · answer #7 · answered by Lou 6 · 0⤊ 0⤋