My fiance works at a disturbution center in Louisville Kentucky. He has been there for about 4 months or so, he is full time and in the union. He has tendenitis (sp) in both of his arms. He has known about it for a whil but not had insurence until recently to go to the doctor. He has not have a day off in over 3 weeks, his arms are hurting him so bad he can barley lift anything ( which it the major part of his job) He called in today to tell them he was going to the doctor today to have his arms looked at. his boss said " well are you going to be at work?" my fiance told him he didnt know it was all up to what the doctor said. so his boss told him if he did not come in today even if he went to the doctors office and got a doctors note then he was fired. My fiance has never missed a day of work and is one of there better employees. Are they able to tell him he can not miss one day even for a health problem?
2007-07-12 10:46:52 · 12 answers · asked by SheSimplyWillNotDie 2 in Politics & Government ➔ Law & Ethics
We both both born and raised in the US and not illegal. His arms didnt hurt him until he started this job.
2007-07-12 11:24:23 · update #1
As you indicate he is in a Union, he should contact his Union Rep.
If he is still within a probationary period and the problem is due to a pre-existing condition it will depend on what the Union contract specifies...they may be within their rights to terminate; however, the Union Rep. can file probably grievance and as he has not missed any work in the past and he has a doctor's note, get him reinstated and if he cannot work, see if he qualifies for disability leave (if past the probationary priod w/Dr.'s certification) or FMLA (if unable to work due to a pre-existing condition with Dr.'s certification), Workman's Comp. (if past the probationary period and no pre-existing condition), or return to work with restrictions-light duty until certified able to return to work (if on disability, Workman's Comp. or working with restrictions, most union employers have the right to send him to a Dr. of their choosing for an impartial medical exam to determine a worker's ability to work and the findings of that physician will be binding).
2007-07-12 10:54:19 · answer #1 · answered by bottleblondemama 7 · 2⤊ 1⤋
I work in Tennessee, which is also an at-will state. While it does mean that you can terminate employment with out cause or reason, there are federal laws that protect individuals from being fired when they are injured. It breaks federal labor regulations to fire somebody who is under doctor's care for a mental or physical problem that is preventing them from performing their job function (to an extent).
How does this help you? If he can prove he was fired for seeking medical treatment, you have a case. If the employer says he was fired for any other reason under the sun (or no reason at all...in an at-will state) it may be hard to fight.
2007-07-12 11:00:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If he had a note from a doctor indicating that he should not work then the employer can't justifiably fire him. The employer should know this, it would open him up to problems with the union plus a wrongful termination suit from you. If he is still on inital probation, however, they can fire him without cause.
2007-07-12 10:52:07 · answer #3 · answered by Lavrenti Beria 6 · 0⤊ 1⤋
He really needs to talk to the union rep. Since he's a member of the union he can't be fired because he is injured and needs to see the doctor.
2007-07-12 10:53:53 · answer #4 · answered by ♥Brown Eyed Girl ♥ 5 · 0⤊ 0⤋
look into the labor laws of your state.
There are some that state employees must be given 2 days off each week.
then you can call around the yellow pages for employment lawyers. Ask them, if they can point you in the right direction since its not an actual case YET.
A few places I worked HAD to give you 2 days off per week...unles you were upper mamnagement that was paid salary.
But hes paid hourly, so I would look into it.
If they fire him, wrongful temrination for going to the doctor.
An possibly harrassment if they make him work while injured
2007-07-12 10:54:59 · answer #5 · answered by writersbIock2006 5 · 0⤊ 2⤋
Unfortunately friend, it appears employers can do whatever they want these days. I hope he can find some other employer who treats him better. As one who has been going from part time job to part time job for the last 2 years I can tell you, the big boys hold all the chips and anyone who can keep a job should consider themselves lucky.
2007-07-12 10:53:00 · answer #6 · answered by Anonymous · 0⤊ 2⤋
He needs to go to his union steward. This is against the law as we know it but unfortunately companies know they can break the law and treat Americans like the illegals they prefer to hire for lessor wages. Sounds like your fiance is either illegal or needs a lawyer. This is slavery.
2007-07-12 10:54:27 · answer #7 · answered by skycat 5 · 0⤊ 2⤋
depending on the state that you live in, like in New Hampshire it is not okay for an employer to put the employee in danger when they need medical attention.
2007-07-12 10:51:30 · answer #8 · answered by yaya 2 · 0⤊ 0⤋
Only if your fiance claims this as a work injury, can they not fire him. Otherwise, yes they can. KY is an AT WILL state, and they don't have to give a reason to fire him at all.
2007-07-12 10:51:06 · answer #9 · answered by cyanne2ak 7 · 1⤊ 1⤋
They can tell him anything they want. That's why he is in the union. It's their job to make sure the employer is acting correctly.
Tell him to talk to his steward.
2007-07-12 10:51:36 · answer #10 · answered by Jack 6 · 2⤊ 1⤋