I was just fired from my job over a medical problem that I have had for over 10 years. I have been at the job for over a year. I was fired because of the fact that I have Crohns disease and I had missed some days from work because of it. At the staffing agency I didnt have any personal sick time or short term disability from the job I could take. So I had took a month off to recoorperate I told my staffing manager at the agency what was going on she said ok. So when I got better I contacted the agency to place me at a new assignment to work. She said that I need a note from the Dr stating that I could start back to work and that this would not interfere with me missing any more days. I was fine for 2 months I started back I had missed 1 day for illness and missed another I had an med emergency & had to miss the whole day I have an drs note excusing me when i came back the next day they fire me and didnt want to see my dr's excuse. Should I sue them for discrimation
2007-03-18 06:45:11 · 15 answers · asked by bluerose 2 in Politics & Government ➔ Law & Ethics
contact a lawyer
2007-03-18 06:47:26 · answer #1 · answered by Invisible Pink RN 7 · 1⤊ 2⤋
This is very hard I know. But how can a company be run efficiently if everyone or 2 out of 10 people missed days of work repeatedly like this? How can the company survive this sort of thing if it is going on continuously? They have not done anything wrong dismissing you. You cannot fulfill your part of the work agreement. They are needing something who will be there 99.99 percent of the time. You may have to look at filing for disability and finding a temp hire employment service where you can fill in when you are up to working.
2007-03-18 06:51:19 · answer #2 · answered by Sparkles 7 · 1⤊ 2⤋
Usually you are an "employee at will" which means you can be fired for any reason or no reason at all. But there are some caveats to that.
If the employer was stupid enough to tell you you were being let go because of your medical condition you probably have a case. You should contact your local or state labor board and file a claim. It won't cost you a penny, but you should be prepared to present any and all written documents to support your version of this incident.
2007-03-18 06:57:01 · answer #3 · answered by fredrick z 5 · 1⤊ 1⤋
No, because first you went through a temp agency. On a temp assignement you can be let go at any time for any reason - or no reason at all. (you sign contracts with the agency stating this) Second, you were only there for 2 months, even if this had been a permenant position you have 90 days where they can fire you for any reason - or none at all. If you are having that many problems with your condition you should probably file disablity.
2007-03-18 06:50:08 · answer #4 · answered by Nette 5 · 3⤊ 2⤋
No. You should not sue. You should find something else to obsess about. I have a degenerate sister who sued for wrongful termination 3 years ago. She still has not even been trial yet...that is how long it takes.
If working via a staffing agency is worth 3 years of your time to sue them, go ahead. I guess I happen to have different priorities. I would be looking for another job, so I would not have time to stop by an attorney's office.
my suggestion: GET OVER IT and MOVE ON!!!
2007-03-18 06:51:25 · answer #5 · answered by Anonymous · 1⤊ 3⤋
If you are in the United States--you have clear grounds for legal actionn under the Americans with Disabilities Act of 1990 (ADA).
The first thing you need to do is to contact your doctor and ask him/her to give you a letter that states your condition, that is chronic/permanent, andthat it will impose limits on your normal activities).
Contact the Equal Employment Opportity Commision (EEOC) Office of Compliance (OCR) and file a formal complaint. Do this ASAP--there is a time limit.
Contact local organizations that provide advocacy for persons with disabilities--they can help you find a lawyer with experience in disability law. DON'T rely on one of the ones you see on TV advertising services in this area--some are good, most aren't. But be aware--you need to retain a lawyer and be prepared to take this to court.
Educate yourself. Disability advocacy organizations can be a big help here too. But to get you started--and with a lot more detail than I can give--go to theis website (it is excellant for disability rights/law info):
wrightslaw.com
Good luck!
2007-03-18 07:24:26 · answer #6 · answered by Anonymous · 2⤊ 1⤋
If you are a Canadian you could file a complaint with the Human Rights Comission. Employers have a duty to accomodate where ever possible!
You can only be terminated for "just cause" under the Employment Standards Act.
2007-03-18 06:54:01 · answer #7 · answered by sillysue 2 · 2⤊ 1⤋
Definetly speak to a lawyer. We often assume we know
alot about the laws but often we are not correct, or the laws
have changed. I would go after them with all that you have.
Being ill is no joke, and we all need jobs to live. Go for it.
2007-03-18 09:56:34 · answer #8 · answered by boxmaker40 5 · 2⤊ 0⤋
Staffing manager? are you a contract employee? If they can't count on you to be there there you need to perhaps find a job where your presence is not that important. Doctors notes will only take you so far. With your absentee rate, I would not hire you. That is the sad facts.
2007-03-18 06:59:51 · answer #9 · answered by Anonymous · 1⤊ 2⤋
ILLEGAL!! Sue them on the basis of The Americans With Disabilities Act. That should start their buns on fire.
2007-03-18 06:52:03 · answer #10 · answered by St♥rmy Skye 6 · 2⤊ 1⤋
Sounds like discrimination. Here in Canada, the employer would be found libel if found guilty and the employee would be entitled to a settlement. Contact your local labour office.
2007-03-18 06:48:48 · answer #11 · answered by Anonymous · 2⤊ 3⤋