I have had attendance issues in the past for a medical problem on my job. I got a write up for it a while ago. My child was very ill and I had to miss another day last Friday. I got to work today and they said "we have to have a meeting about this" then no one came to call me? Then someone told me that HR comes from district when they fire and they probably are coming tomorrow. My trusted coworker told me when I called in the boss said out loud to some other staff "This is it for her!!" as if to indicate a firing. My question is was it legal for her to disclose that info in her statement to staff she made? And can you be fired a day after you came back to work? This is important real answers only. I plan to use the info in case I am fired tomorrow. Thank you I live in WI.
2007-10-15 12:14:41 · 10 answers · asked by Samantha 3 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Is it legal to say it? Yeah. Is it unethical to discuss an employee's job status with other employees? Double Yeah!!! And yes, you can be fired at any time. I know a situation where an employee was on vacation and they left him a voice mail message saying "goodbye". That was rude too.
2007-10-15 12:20:09 · answer #1 · answered by Angie 6 · 1⤊ 2⤋
I'll be honest with you, it is very important to know how long you have been on the job.
If you have been on the job for over a year, then taking care of an ill child falls under the Family Leave Act, but if you have been employed less than 1 year, there is no protection for you.
Several posters on Y!A forget that the FMLA DOES NOT APPLY until you have been with your current employer for 1 year.
They don't have to fire you the day you come back. Many companies have policies that it must be reviewed by a senior manager or the HR department, there are no laws regulating that.
The comment your boss made, though unprofessional, is not illegal. They are not obligated to protect your privacy in the event of a firing...in fact, they can send out a company email announcing it if they want to.
If the Family Leave Act applies to you, then even in an at-will state, if you get fired 2 days after coming back, it is very easy to prove the violation b/c of the close proximity in time.
I am sorry this has happened to you. But not all companies are sympathetic towad health issues, and that is very sad.
However, if they do fire you, I can tell you now you are eligible for unemployment benefits, b/c that isn't gross misconduct. If you DIDN'T take care of your child, that would be child neglect.
You did the right thing.
2007-10-15 12:47:17 · answer #2 · answered by Expert8675309 7 · 2⤊ 1⤋
First of all, because you live in WI, you are living in a state that has "at-will" employment. What does this mean? It means that you as the employee, can terminate your employment at any time and without notice. Diddo for your employer. READ: Your employer can terminate the employment relationship at any time and without notice - as long as it is not for an illegal reason. This only changes if you are employed in a union environment because then you have the collective bargaining unit to grieve for you, if you so wish.
In your situation, attendance falls under one of those things that if it is detrimental to doing business, yes, your employer can terminate you.
As for your co-worker, it was absolutely inappropriate for her/him to make such a statement. However, it is not illegal. Besides, no one really knows what HR is doing there - it could that they are indeed there to fire someone, or it may for some other business.
For your last question, yes you can be fired on your first day back from work. If your sick day does not fall under the law (and it sounds like it most likely won't) then you should take it with grace. Leave your employer like a professional and then you'll be able to move on like a professional.
2007-10-15 13:23:31 · answer #3 · answered by savvy_recruiter 3 · 0⤊ 0⤋
well, most states are right to work states. this means they have a right to hire you, and a right to fire you....at any time, and most of the time they dont need an ironclad reason. yuor boss is very unethical using those terms but did not break any laws. As for your reasons for being out of work so much..valid, but that is still excessive absencewhich is a very iroclad reasonn to terminate. My advice: get your affairs i order (believe me I understand about sick children), and find another job. They are out there. Once you get an interview, assure the prospective employer that the previous issues are resolved, but dont lie about it. good luck
2007-10-15 14:23:34 · answer #4 · answered by skid 4 · 0⤊ 0⤋
It is illegal to fire you due to medical issues under the Federal Family and Medical Leave Act. But...they will require proof that your absenses were medical in nature.
FMLA grants you 12 weeks of unpaid leave for medical issues affecting either yourself or immediate family (spouse, kids, parents). You have to have been employed with this employer for at least a year to qualify. And, again, you need to be able to prove that it was an illness and not just skipping work.
2007-10-15 12:34:32 · answer #5 · answered by JsMFp 2 · 1⤊ 2⤋
If you were out for a medical problem, and that is provable, then FMLA should cover you, and they cant write you up or fire you for that infraction.
But the other absences or performance issues can be something they could fire you for, and discussing in front of anyone else is a definite no-no.
2007-10-15 12:24:55 · answer #6 · answered by Wendy S 2 · 0⤊ 1⤋
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2017-01-03 17:19:09 · answer #7 · answered by ? 3 · 0⤊ 0⤋
Assuming it is legal to fire you for missing work, they don't have to wait until you come back. Unless your medical problem qualifies as a disability, you CAN be fired for attendance issues.
2007-10-15 12:20:38 · answer #8 · answered by STEVEN F 7 · 2⤊ 0⤋
No, it was NOT legal for your boss to discuss ANYTHING that HR does, no matter how benign the meeting may be. She may have had good intent - trying to reassure the other employees that they were NOT in trouble - but she had no right to disclose that you are the subject of any HR meeting.
Be sure to bring this up with HR tomorrow.
2007-10-15 12:19:27 · answer #9 · answered by teresathegreat 7 · 0⤊ 4⤋
It's legal for them to say. If you live in an "at will" state, meaning your employer can terminate your employment at anytime with or without reason. They don't need a reason to terminate you.
2007-10-15 12:25:32 · answer #10 · answered by Anonymous · 0⤊ 1⤋