I was told I got fired for my attendance and preformance,however my boss puled me aside b4 I left and said I cant risk what the results will be. I should tell u I was told I had cancer and had DR notes for my time off,which was only enough time to go to the appt and come back even after finding out this awful news. I was really good at what I did and was praised on how much I had grown w/ the company,however I had only been their a lil over 3 mths. I was wondering how to handel this I know this is wrong but how do I go about this All I want is my job back,no $ . They also gave me unemployment and have never been on it! I just want to know how to apply for the unemployment until I get a job. Will this hurt my chaces to fight? If u were me what would u do? If I got a lawyer would I get my job back or would it make me look guilty? I cant believe they did this I was told by my DR to be honest so I didnt look unrealiable and That they knew why I was in &out,also I scheduled them at lunch.
2007-11-05 03:55:37 · 7 answers · asked by Brayden's Mommie 6/08 4 in Politics & Government ➔ Law & Ethics
While an employer can fire you for many reasons or no reason at all, there are a couple of things that an employer can not fire you for. Having a condition that qualifies under FMLA is one of those times. Start here: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/toc.htm
2007-11-05 04:05:58 · answer #1 · answered by davidmi711 7 · 2⤊ 0⤋
An employer can fire an at will employee for anything EXCEPT discrimination. You were discriminated against due to disability. This is a violation of Federal and State law. Go to www.eeoc.gov and your state's human rights dept/commission.
You need an employment attorney in your state to assist you if you are to have any chance of getting your job back. Be warned that getting your job back may not be an option AND in that case you should be able to get a financial settlement.
NO, getting a lawyer does not make a person look guilty. YOU DID NOTHING TO BE GUILTY ABOUT! This is not a criminal case, getting an attorney will help you assert your legal rights in accordance with current law.
2007-11-05 12:38:14 · answer #2 · answered by CatLaw 6 · 1⤊ 0⤋
Not sure, but I beleive had you given them a drs. not prior to your so called "attendance and performance" issues it would be much easier to pin them down for violating the Americans with Disabilities Act- which it sounds like you would fit in .
According to New York Attorney General:
Although an employer is prohibited from firing an employee because of a disability as long as it does not impair his job performance, he is not obliged to maintain in employment an employee whose health problems cause poor attendance or otherwise interfere with his or her ability to carry out the work.
Sounds like you may want to prod further- however, I am not sure you would want to work for a place ignorant enough to fire someone with cancer- go for the compensation!
2007-11-05 12:12:10 · answer #3 · answered by Tamara 3 · 1⤊ 0⤋
Like the people said above, yes, your employer CAN fire you for no reason at all. However, if they give you a reason, like they did for you, and that reason is not true then you can definitely sue them. The lawsuit becomes a slam-dunk with your illness.
Get a lawyer today.
2007-11-05 12:21:03 · answer #4 · answered by Biggg 3 · 0⤊ 0⤋
Your employer can fire you for any reason or no reason at all, unless your contract specifies otherwise. Few people have an employment contract.
Sadly, it is more cost effective for employers to let go employees that cost more. You were a more expensive employee because of your higher health care costs.
Being on unemployment will not hurt your job search.
2007-11-05 12:01:02 · answer #5 · answered by sahel578 5 · 2⤊ 2⤋
They can not do that to you.....That is just wrong and heartless.... I would definetly contact an attorney and see what your options are.....Good Luck with your health and your job!
2007-11-05 12:01:16 · answer #6 · answered by FORZAAZZURRI06 3 · 0⤊ 3⤋
SUE them!!!
2007-11-05 12:02:51 · answer #7 · answered by Phurface 6 · 0⤊ 3⤋