Merry Freakin Christmas to us....

Discussion in 'Campfire' started by THExONE, Dec 23, 2010.

  1. THExONE

    THExONE Moderator<br>Deer Hunting<br>2011-12 Deer Hunting

    So my wife just got a CALL from her employer to tell her she is fired.

    Here is the history. My wife was off for a week three weeks ago to have her gall bladder removed. She went back tk work after that and everything was normal. About 2 weeks passed and last Monday she got sick again. She went to the doctor and the doctor did several tests and a CT and a few other tests. Long story short the result is that she has to have a full blown hystorectomy on the 29th. Her doctor put her off work until the surgery and then off for another 4 weeks after it. This entire time she has been working from home.

    I took her to her work for a gift exchange at 4. We head home and when we get there she gets a call and they tell her she is fired for having too many medical problems.

    Merry Freakin Christmas!!!!!!

    Is this even legal? She supplied a note from her doctor stating she was not to work.
     
  2. Rebel

    Rebel Well-Known Member

    I believe there is something called the family and medical leave act here in Arkansas but I dont think it applies to all businesses.
     

  3. arc3162

    arc3162 Well-Known Member

    You might want to have a read on this site. Not sure how much will apply to your wife as every situation is different. Hope this helps point you in the right direction though.

    http://www.dol.gov/whd/fmla/
     
  4. arcountryboy

    arcountryboy Well-Known Member

    Arkansas is an at will state, but I'm pretty sure thats not a legit reason for firing someone? About 15 years ago my dad worked for North little rock animal control and had a car wreck heading home one day. The wreck broke his back and he had to have surgery, the animal control fired him an his lawyer from the wreck sued them for it. He ended up with 2 years pay plus his insurance was continued for the two years also.
     
  5. Carr.45

    Carr.45 Well-Known Member

    Congress passed the Family and Medical Leave Act of 1993 (FMLA). Although state law may provide for more expansive coverage than the FMLA, the Act establishes minimum federal standards and rights to unpaid leave for employees with health problems, sick family members, or for employees who are giving birth to or adopting children.

    Coverage and Application of the Family and Medical Leave Act
    The FMLA entitles covered employees to as much as 12 weeks of leave in every 12-month period, in order to handle important matters like personal or family medical problems, pregnancy, or adoption. The employee's leave under the FMLA is unpaid, but the employee continues to receive health-care benefits as if he or she were still actively employed. At the end of the leave period, the employer must usually reinstate the employee in the same job or to an "equivalent" position. An equivalent position is a job having the same or similar pay, hours, work performed, work conditions, job responsibilities, job security, etc. The FMLA also provides that employees who take leave cannot be discriminated against or discharged for doing so, and it allows employees who have been discriminated against to bring suit for their lost wages and other damages.

    http://employment.findlaw.com/employment/employment-employee-family-medical-leave/ this site will kinda give you a good overview of employement laws in plain english
     
    Last edited: Dec 23, 2010
  6. ruger08

    ruger08 Well-Known Member

    Sorry to hear the news right here at the holidays, boss must be a real *****. Wish the best for your family.
     
  7. woodsnwater

    woodsnwater Well-Known Member

    I work in a factory. I see this all the time. Yes, FMLA is suppose to protect you for this reason. If I am not mistaken as long you have a doctors written excuse or orders then she should fill out papers for this, Our work provides this and I thought every work place did. I would speak to an attorney. This isn't right. Matter in fact pretty sorry.
     
  8. diggercat

    diggercat Well-Known Member

    If they are an at will employer they can get rid of anyone for any reason or no reason. If they are an eoe you may have some ground to stand on. So this is how it has been explained to me.
     
  9. arcountryboy

    arcountryboy Well-Known Member

    The company I work for is an At will employer but we have to be careful how we fire someone. We have had so much trouble we started using Manpower for the 1st 90 days so they are considered part time.
     
  10. THExONE

    THExONE Moderator<br>Deer Hunting<br>2011-12 Deer Hunting

    My company is a at will company as well. Even with this they still have to have grounds as I understand it. I think it is time to lawyer up. I am not one to sue but I want to go to her bosses house and go ape sheet. If nothing else it is Christmas and she has surgery next week. The least they could do would be wait untimely the new year.
     
  11. Carr.45

    Carr.45 Well-Known Member

    Arkansas is a right to work state and most employers are "at will" employers but that does not make them above the law. The FMLA applies to all employers, yes you can be terminated at will but if it plays out just wrong it can be very bad for the employer.

    Make sure your wife did not sign any termination paper work, they may try to use that to cover thier butt...
     
  12. Hudge

    Hudge Well-Known Member

    I thought the FMLA made firing for these circumstances illegal. I think you need to see a lawyer ASAP!
     
  13. SR4

    SR4 Super Member<br>'07/'08 Bowhunting Contest Team Wi

    Man that stinks! I'm sorry to hear that. If theres anything you need just let me know.
     
  14. THExONE

    THExONE Moderator<br>Deer Hunting<br>2011-12 Deer Hunting

    She didnt sign anything. They are so worthless they did it over the phone a hour after she left the company Christmas party where eveyone including her boss gave her hugs and told her they would pray for her during her surgery.

    I am so mad I could spit fire. I want to call them and tell them what I think of them but I obviously wont do that.
     
  15. THExONE

    THExONE Moderator<br>Deer Hunting<br>2011-12 Deer Hunting

    Thanks man,

    I took Sunday away from the family and kids. I am going to go sit in the woods from sun up till sun set. That is my early birthday present to myself. It willk be much needed.
     
  16. Vetrock

    Vetrock Well-Known Member

    I'm fairly sure that the business has to have a minimum amount of employees (50 I think) in order for the laws to apply to it. I own a very small business, and had to legal council when I had an employee use poor health as an excuese to miss work (fraudulently it was later proven).

    As I remember, it was explained to me that I could fire the employee and they would have no legal recourse even if the health problem was real. They could only file for unemployment, and even then I could fight that.

    I am very sorry that your wife lost her job, and I agree it was a rotten thing to do. I've had several employees miss a lot of work, including gall bladder surgery and hysterectomies. It put a strain on all of us when they were out, but I didn't feel right letting them go, and we made it through. But, I wanted to share what I have learned.
     
  17. THExONE

    THExONE Moderator<br>Deer Hunting<br>2011-12 Deer Hunting

    Thank you for the info. This may be the case. We will see.
     
  18. Hip

    Hip Well-Known Member

    i know at my job we had 2 people on med leave when they started doing lay offs and they could not be let go until they were cleared from their doctors and released back to work.
     
  19. longspurs

    longspurs Super Member<br>2010-11 Deer Hunting Contest Winne

    It's been awhile since I took Business Law, but I think this case would probably fall within the Family and Medical Leave Act of 1993. This act mostly covers pregnancy, but it also covers leaves due to a serious health condition.

    Unfortunately, like a previous post stated, I think it only applies to employers with 50 or more employees within a 75-mile radius.

    You might also want to read your employee handbook first before considering any legal action. It might save you some time and money. Good luck.
     
  20. THExONE

    THExONE Moderator<br>Deer Hunting<br>2011-12 Deer Hunting

    Employee hand book, LOL they dont even know what that is at this place. That is what makes me think we have a leg to stand on.