Can you be fired from a job because the job assumes you might not be ready to come back by return date?
Giselle
At my job I was out of work for a few weeks with severe dental infection, needed lots of work and shingles. I have documentation for all of this and several emails between my boss and HR. The emails stated that as long as i was cleared to come back by a certain date then they wished for me to return. Any longer they would have to replace me. I got the clearance to go back and just asked a question about taking an hour one day to get stitches out. Then after I sent that I told that that I could do it before work so I didn't miss anytime. I got an email from HR saying I still can return as long as I can return by that date. Then a few hours later I got email saying I was terminated because I could only come back if I was able to work full time and on that date which I was cleared to do. And since I'm not able to do this they are terminating me. I called HR, right away and told her I have notes stating I can come back and do not need any days off after that but shes still says I'm fired coz I can't work my full shift which I have not even been given the chance and my doctor says it's okay and I'm fine. Is this right? Can they do this?
.gif){kind=avatar} lcr000 |
If you do not qualify for FMLA than they can let you go at anytime, Dr.s notes are advice not law they do not have to be accepted by either you or the employer. |
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Reverend Jim Jones |
Call a lawyer, sounds like you might have a good case for wrongful termination. |
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Gunner221 |
Joann, call the Equal Employment Opportunity Commission and tell them what happened. See if you have a case with them. You also might want to try the ACLU. Your company treated you horribly. That is so wrong. Keep all your information and see if any of those agencies can help you. So sorry to hear this. Best wishes. |
.jpg){kind=avatar} Smiling |
If you are not entitled to FMLA (75 employees, worked for 1 year, and a few other detailed requirements), the company is not reqiured to hold your position at all. Or if you have exceeded your FMLA time off, the company is not required to hold your position. |
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