Is this really fair? Honest answers please?

Question

A person works for a major corporation. This person begins to have health problems (not been there long enuff for FMLA). Due to illness' this person misses work, there have been times that it was because they were in the hosp, so vacation, etc were not an option. This person racks up attendance points (8 will get you fired). She gets to a final written warning. She ends up ill again, with note in hand she plans to go into work the following day, but is stopped by a phone call telling her that the major corporation needs to let her go, since she missed a day and was on a final written warning. (State she lives in is an "at will" state). Do you think this is fair? is she being punished for health problems?

For those accusing the person of not preforming, this employee is a multiple award winning sales rep. She meets and exceeds her goals monthly. She is an advocate. She is not a slacker...quite the opposite, she even works overtime when needed, up until recently had no issues with attendance, not so much as a late! She was a good employee and will be missed.

Answer 1

If you think the person in your statement did not get fair and reasonable treatment from the employers, then I would make an issue out of it, and petition the National Labor Relations Board,
(NLRB)
They are a federal agency and have jurisdiction throughout the United States, and they have regional hearing centers to hear and settle issues such as the one you relate to.

But remember this, if you ask for their help to intervene on behalf
of your wounded person, you better have some sound and
indisputable proof or evidence that will back up the plaintiff's
charge (wounded person=plaintiff, employer=defendant)
otherwise the NLRB won't hear the case, it will be thrown out
due to lack of evidence.
The procedure is just like it is done procedurally in superior court.

Remember this, too some things that happen to people during
their lifespans are totally unfair, and it seems there is no available legal remedy to help salve the wound, or help cure it.
But, now we can help ourselves by positive re-inforcement
to allay our fears, and losses, by constantly reminding ourselves
hey, I'm not so bad off, as say other people who live in developing
countries, with no hot fresh meals to eat, no potable running water to drink, or proper sanitation facilities to rid used body fluids and other matter with.
And no young children standing around with bloated bellies due to mal-nutrition, and lack of nutritious food.

See, its all in your perspective or how you look at the world,
some things are very pleasant and acceptable, other things
very ugly and unacceptable, but all of these things are part of
what we encounter on the road of life, some rough patches,
some ruts, and some deep chuck holes, but the challenge
is to be able to navigate through them, and keep going, and
believe there is a bright light at the end of the tunnel, and there will
be.
If you don't believe, then there will never be a light at the end of the tunnel, its like is your cup half full, or half empty?

My advice: Hang in there, try to get justice, if possible, if it isn't,
keep going onward and upward, thats all one can do, and don't
dwell on historical losses, they will serve as lessons learned,
and in the mean time, get on with your life.

Thats my message, good luck


Donald H. Sites
[e-mail]

Answer 2

Sorry, but since she lives and works in an "At Will" state she has no claim. FMLA will not help her as you stated, she was not their long enough...must be there for 12 months AND have at least 50 employees. It doesn't matter how good of a worker she is, if she cannot do the job due to her health problems her boss needs to find someone that CAN.

Answer 3

Fair is in the eyes of the beholder. Is it fair for a major corporation to hang on to an employee who for one reason or another can't be counted on to be at work. While I feel for you and am sorry for your illness, I see the corporations side also. They hire people to do a job. If that person is not able to do the job, they have to find someone else to do that job.

Answer 4

Not much one can do in a at will state. That is why we have a come back in unions because employers are not treating their employee fairly she can file charges with the labor department but if her work has just couse to let her go then that would be a dead end. Her best bet would be to look into a disability

Answer 5

Some Corporations 'bend' the rules for those that are able to prove that their an assest to the firm. Others merely are not recognized by name but a number.
If the Corporation new of medical conditions prior to hiring, they would be on the line and would probably have to pay a pretty good chunk for firiing her

Answer 6

Yes it is fair. You had eight chances over a period of time, and were warned repeatedly as part of the process.

The next time, be up front and go to HR to request an LOA until you're well enough to perform your job.

Btw, "At will" means they can basically terminate you if they don't like the way you comb your hair, but follow the disciplinary steps anyway to avoid BS lawsuits.

Answer 7

It definitely isn't fair and if I was your manager I personally would not do that because it shows every other employee that you really don't care. I am not entirely certain if this process is legal or illegal. Since you live in an at-will state, it is probably legal. However, I would consider legal action for wrongful termination. It would really depend on the case law within your jurisdiction.

Answer 8

No matter what, this company hired a person b/c they needed to get a job done. If no one is doing this job, the company needs to get someone else to do it. The attendence policy says you can't miss more then x amount of days, you can't keep a job forever and never show up. My husband deals with this crap at his job all time with people never coming to work. They need to get stuff done.

Answer 9

Just happened to my neighbor and a guy i work with. It sucks but that is the way it works. Failure to plan is planning to fail I guess. I could very easily find myself in the same boat but I don't believe in the government being responsible for everyones life. This is where family needs to step up to the plate and take care of each other.

Answer 10

With all due respect, how long has this person been working for the company. I've attached a link which may help with some of the questions.