I got terminated from my job because I ran out of Sick Hours and PTO Hours. I called in because I have a medical condition, and when I came back to work, my manager suspended me for a week without giving me a chance to explain why I was sick. After my suspension, I was told to come back to work because I had to meet my manager and HR.When I got there, right in front of me was my termination letter.
Before signing the termination paper, I told them about my medical condition which is on their records because I had surgery done on it during my 1st year of employment and this is a recurring medical condition. I had proof of medical records from my doctor, but they REFUSED to see it because they said it was already "TOO LATE" for anything to happen. They had to continue with the termination. They didn't even give me a chance to explain and show proof that I was sick.
Do you guys think this is discrimnation based on disability, and should I take legal action for wrongful termination?
2007-10-26 14:08:31 · 8 answers · asked by teenisav 1 in Politics & Government ➔ Law & Ethics
Possibly. See a lawyer.
2007-10-26 14:40:26 · answer #1 · answered by raichasays 7 · 0⤊ 0⤋
If your condition is classified as a "disability" (people with disabilities CAN work sometimes..depending on what you have) you're protected by the Americans With Disabilities Act, and a wrongful termination can slap them with a HUGE fine. Honestly, they should've just reprimanded you and..well, not paid you (since you'd already used all of your PTO). If in doubt, consult a labor attorney. Most give free consultations.
2007-10-26 14:22:02 · answer #2 · answered by :-) 6 · 0⤊ 0⤋
It never hurts to consult a lawyer in a situation like this, just be prepared in case the company in question provides justifiable evidence (i.e. a company policies receiving letter signed by you) as to your firing. You also may need to contact your state's unemployment or workforce commission office as to other avenues of recourse you may have.
Keep in mind, most companies (especially the bigger ones) have an HR department for a reason, namely insuring the company is in compliance with all rules and regulations of the state they are in.
Regardless, good luck in you search for a resolution.
2007-10-26 14:22:37 · answer #3 · answered by csj0017 2 · 0⤊ 0⤋
Possibly, but I am not a Lawyer of any kind. Best thing to do is get out the yellow pages and consult a lawer who has a free consultation.
Or contact the Labor Board and see if they can point you in the right direction.
2007-10-26 14:18:56 · answer #4 · answered by A C 3 · 0⤊ 0⤋
It sounds like your absenteeism is an ongoing thing. Theyhave to be able to depend on you being able to do the job.
This is a big question mark. Does your health prevent you from doing the job or are you chronically absent? Please don't hide behind the Americanswith Disabilities act/ if they can't count on you, then you should be terminated.
2007-10-26 15:44:42 · answer #5 · answered by TedEx 7 · 1⤊ 0⤋
CONTACT THE EEOC IMMEDIATELY. first of all were you full time? if you were regardless of you running out of time if you had been employed with them for 12 months you automatically qualify for FMLA. this law enacted by clinton allows full time employees to take up to six weeks of unpaid leave due to birth of a child, death of a child, adoption, family emergency or a medical condition. if you were full time for a year they have violated the rules and polices as outlined by FMLA and the government and can be sued and fined substantially. the EEOC(Equal Employment Opportunity Commisson) can give you the details.
2007-10-26 14:24:13 · answer #6 · answered by american hispanic 2 · 0⤊ 0⤋
it depends on the "condition" and if it was a job related injury.stae laws vary as well as country laws(this is the internet world wide). find a new job and get on with your life.
2007-10-26 14:23:14 · answer #7 · answered by jay p 4 · 0⤊ 0⤋
you do have a court case
2007-10-26 14:17:01 · answer #8 · answered by Anonymous · 0⤊ 0⤋