I was sick and not able to attend work 11/26-12/1. I was able to return 12/3 and my boss called and said not to come in, my shift has been covered and rudly hung up on me. Because of that conversation I slipped into a depression (which I have been treated for over the last 2 years with no depressive instances until I started working for this woman, and she knows that.) and was not able to go to work on Wed. 12/5.
I came in with a Dr.'s note (as per her request ) this morning and she had someone covering my shift again. My note stated I was able to work today and she refused to allow me to. She told me to give my keys back to her temporarily until I can come up with a Dr.'s note from having the flu. I do not have ins. or the money to go to see a Dr. and she did not ask for a Dr's note for the flu until she found out that I was out for a mental health issue.
Can I sew her for mental anguish among other things like lost wages and withholding my paycheck?
2007-12-10 07:09:38 · 8 answers · asked by Ron's wife 3 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
contact ur local /state employment authorities for best answer.
as for the suing the person or company , it is a great way to waste money and go deeper into D.
time to burn that bridge and find something better.
2007-12-10 07:15:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
(Assume this is the US)
You definitely have the right to be paid for work performed. This is the law. However, your employer can withhold or deduct if there is a material reason. For example, if you still have company property.
You can be terminated, however, unless you have a contract. An employer can let you go "without cause" at any time.
If you cannot provide documentation that you were ill, then you can be terminated.
What's interesting is that the doctor's note should NOT have provided a reason. Unless the note was from a mental health professional, your employer should have no way of knowing why you were "sick" unless you or your doctor provided this information.
Sorry to say, but you likely don't have a case to sue (not 'sew"). Even if you did, this takes time and money.
"Mental anguish" is not legitimate in termination cases, unless your employer significantly overstepped the bounds of human decency. Merely firing you is NOT sufficient, even if you have an established mental illness.
In the end, you need to demand your paycheck. Do so in writing, via US Mail, sent return receipt.
2007-12-10 07:23:19 · answer #2 · answered by Jay 7 · 2⤊ 0⤋
Sorry, you are out of gas on this one.
Your problem? You rode out the "sick" note for all it's worth, and took extra time off that she had to cover.
The doctor that you did see, just simply wrote the note for the day you requested...the doctor could care less of how long you were out.
She does not have to take your depression into consideration because you apparently are not being treated by a doctor for it nor under medication for it...so she doesn't have to accomodate you on that issue.
I just looked at a calender...you obviously GOT THANKSGIVING off, and then your first day back, you claimed you were sick...so you have been out for almost 2 1/2 weeks with the "flu".
Nope. I would have fired you too.
Sounds like hogwash to me.
She has the legal right STOP PAY the LAST DAY you worked...so that means that if you were off for Thanksgiving, and she fired you, she doesn't have to pay you for that time.
2007-12-10 23:40:50 · answer #3 · answered by Expert8675309 7 · 0⤊ 0⤋
It most likely is NOT a wrongful termination. And anyone can sue anyone for anything, but a suit against her for mental anguish is not likely to be one you can win.
Not sure what you mean by lost wages - you don't get wages for time you didn't work. But if you didn't get paid for time you DID work, then you can call the state labor department and ask them to intervene. I'd call your former boss first and ask her where the heck your final paycheck is.
2007-12-10 17:31:40 · answer #4 · answered by Judy 7 · 1⤊ 0⤋
You have no grounds for a suit for mental anguish. You have to be compensated for time worked, though. Generally most employers will ask for a doctor's note for time missed over three days. It's absolutely legit that she asked for the doc's note.
Sounds like you simply need to look for another job. Cut your losses.
2007-12-10 08:35:01 · answer #5 · answered by leysarob 5 · 0⤊ 0⤋
I mean listed as NOT fired. I have actually seen employers make sure you don't get the unemployment just because they threatened to sue.
Good Luck!
Guardianofthemoon
2007-12-10 08:01:02 · answer #6 · answered by guardianofthemoon 3 · 0⤊ 0⤋
Thats why its better to visit the hospital as an illegal alien. Top notch treatment with no expection of having to pay.
2007-12-10 07:19:35 · answer #7 · answered by exposecorruptionincookcounty 1 · 0⤊ 1⤋
You can contact the department of labor first. Then try an attorney with free consultations. Take it from there.
2007-12-10 07:19:06 · answer #8 · answered by hoopstar231 4 · 0⤊ 1⤋