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View Full Version : So my wife was fired...


Nurian
05-20-2009, 07:29 AM
I'm still angry about this. My wife was fired today due to absences. She had to take time off for illness and doctors appointments. She had a doctors note (furnished to management and HR) describing the need for her to change shifts. They told her "That's what FMLA is for," ignoring the fact that she doesn't qualify for FMLA under their rules.

I stayed home from work tonight. I felt sick just thinking about going in there after what hey had done.

Reyneth
05-20-2009, 10:58 AM
I'm sorry. :(

It seems to me like they were looking for any excuse to cut people. What did you mean that she didn't qualify for FLMA under their rules? Aren't there Federal Regulations for that?

I wish the two of you luck in the next few weeks and months.

tropicsgoddess
05-20-2009, 11:33 AM
Sorry to hear that. If your wife didn't qualify for FMLA, I wonder if all the doctor's notes and such could qualify as wrongful termination.

SengaKitty
05-20-2009, 12:35 PM
I'm sorry about your wife getting fired :(

As for the "wrongful termination" it depends on the state. Some states are "Work at will", meaning they can hire or fire you without giving you a reason, just like you can quit without giving a reason.

blas
05-20-2009, 02:21 PM
IANAL, but from working with lots of coworkers on FMLA, you have to have been with the company for one year before you actually qualify to get on FMLA, and whatever ails you must fall under whatever FMLA covers (and that's anything from depression to pregnancy to cancer).

And at the same time, I work with a couple of real morons who refuse to even try to get on FMLA, and should just consider themselves lucky that our boss is a giant plush toy and he doesn't can their asses for calling in at least once a week every week, if not weeks at a time.

AdminAssistant
05-20-2009, 03:16 PM
Kansas is an "at-will" state. Sorry, Nurian, maybe some jobs are open due to the mass exodus out of town?

One-Fang
05-20-2009, 07:24 PM
That sucks. You do what you can to provide for yourself without welfare. Getting sick isn't deliberate. You try to work with the employer and make a schedule that works. And they fire your ass.

Unfortunately, they probably can. It's just how life works these days. I can't imagine this whole "at will" thing. While I know of several employees who need to be fired, it's quite good that we don't have "at will" hanging over our shoulders.

SengaKitty
05-21-2009, 04:37 AM
Kentucky's an at will state too :( I'm lucky though, I'm with an employer that isn't laying off any time soon. They're actually the only place in the whole of Louisville that's planning to continue hiring throughout the summer and then some.

SG15Z
05-21-2009, 05:16 AM
Wow that sucks! *gives Nurian some Oreos* :D

Andara Bledin
05-21-2009, 08:53 AM
Kansas is an "at-will" state. Sorry, Nurian, maybe some jobs are open due to the mass exodus out of town?
Ah, but the thing about "at will" work is that the company can say simply, "Sorry, it didn't work out, bye," and you're out the door.

It appears that this one specifically said, "Sorry, you've been out too much, bye," which makes it a firing for cause and if that cause is found to be discriminatory or unlawful, then it can be acted upon.

The best thing to do, if you think that the company may have done something not allowed, is to check it out with the local labor board.

^-.-^

Mr Slugger
05-21-2009, 10:11 AM
Even in a state that isn't at will they can let you go for being out too much even a doctor's note. It just depends on the circumstances. For instance we had this girl work for us for about 3 months before she started calling in sick once every two weeks, then it became once a week, then once or twice. She had doctor's notes most of the time, but after a while we let her go because it was impossible to cover all of her downtime, and she had been there such a short time. Now had it been a couple of year employee that went through a rough patch it would be different.

But Massachusetts isn't an at will state, and I know of several cases in which an employee was fired, or just not allowed to return for being out alot. I mean one case that I know well a guy was out alot for 3 months. His wife was battling cancer, which was why he was out. She went terminal and he requested a couple of months off. The company he worked for told him see ya. He lost his fight with unemployement because the employer shown good enough cause as to why they fired him. Last I heard he was stilling suing the company. One of my wife's aunt had cancer she took 3 months off to fight it went she went back to work she was told her position wasn't there any more, but a lower position (part time) was.

I mean it sucks but it just shows you that you pretty much any state will have people that will push that, not just at will states. The only difference is that a non at will state you have a chance at getting unemployment

wagegoth
05-21-2009, 11:29 PM
California is an at will state, but there are still limits to letting people go who are ill, and reasonable accommodation for health issues here.

As Andara suggested, contact your local labor board. They're free and they should be able to provide the information you need.