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So my wife was fired...
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Old 05-20-2009, 07:29 AM
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Default So my wife was fired...

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.
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Old 05-20-2009, 10:58 AM
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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.

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Old 05-20-2009, 11:33 AM
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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.
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Old 05-20-2009, 12:35 PM
SengaKitty SengaKitty is offline
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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.

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Old 05-20-2009, 02:21 PM
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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.
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Old 05-20-2009, 03:16 PM
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Kansas is an "at-will" state. Sorry, Nurian, maybe some jobs are open due to the mass exodus out of town?
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Old 05-20-2009, 07:24 PM
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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.

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Old 05-21-2009, 04:37 AM
SengaKitty SengaKitty is offline
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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.

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

  #10  
Old 05-21-2009, 08:53 AM
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Quote:
Quoth AdminAssistant View Post
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.

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