11-28-2012 let go while on medical leave

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Originally Posted By: LT4 Vette
I hope you land on your feet.
What does your wife say about the situation ?


Girlfriend says its a bunch of you know what,and totally out of the blue as well.She works for the same company,so she's not happy at all.
 
Originally Posted By: 04SE
Originally Posted By: Loobed
Originally Posted By: Chris142
I don't think they can do that.


Why not? A lot of companies are laying off people. If he would have been laid off anyways, then they should be able to lay him off while he is recovering.



Exactly. Being on FMLA leave does NOT protect you from a layoff if you would have been laid off regardless of your medical status. (IE, company announces a layoff and your on FMLA, you are NOT protected).


But if you're the only guy on sick leave and the only guy laid off... I would do some searching online and make some calls to whichever government agency can help get his job back.
It will be better to look for a new job while getting his full pay and benefits than whatever unemployment benefits are.
 
Dont lose hope, stay positive!!! Heal your shoulder while lookin at legal matters big guy. Many states with employee numbers are different; apply for unemployment & keep your fingers crossed. I WILL PRAY FOR YOU OVERALL!!!
 
A lot of attorneys will consult on your situation for NO cost whatsoever.

Look into it.

It's pretty short sighted on the part of the employer to unfairly s*itcan you when your other half is still employed there, it tends to damage productivity and moral of the other person.

Typical manglement douchery.
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what will a lawyer get him though. His job back? They would treat him like [censored] then. His salary for several years? Then it would be worth it. Just chalk it up to a [censored] life event, get the unenjoyment while you look for a better opportunity.
 
I feel really bad for you losing your job and getting hurt. Let me say that 1st off so you know I am not trying to be a jerk here. It always stinks to lose a job but at Christmas time it is even worse I agree with you.

However, if this is a non work related injury like you say I have to also see the employer's side. They can only hold a job so long. You can't perform your work duties due to an injury suffered on personal time so IMO the employer should be able to let you go and fill the job with someone who can do it now.

Sounds like they gave you a while to recover annd held the job but it has taken too long so they need to move on. I can't fault the employer here. Sorry. I don't fault you either though. Just something that happened.
 
DragRace, you are just finding out that the workforce can be a real rat race. My wife works remotely as a computer programmer and, for her previous employer, she had to train several dozen programmers from India and Pakistan. A few months after she got them up to speed, all remote employees who WORKED IN AMERICA got laid off, my wife included. The foreign programmers got to keep their jobs, of course.
Although that was a downer, it worked for the best as she got a severance and a better job.
Anyway, keep your head up, have a positive attitude and hang in there.
 
I was on FMLA back in 2010 when I lost most of my right lung. I took 2.5 months and my job was still here. I think my co-workers were chirping about working OT to cover my job. I had one person call me at home as soon as I left the hospital asking me when I'm coming back. when I told her in another six weeks, she never called me back. oh well, I almost died. I needed all 2.5 months of FMLA I have an understanding manager. I believe in the OP case, the manager had to consult with HR to lay someone off on FMLA. They have to hold your job for 90 days under fmla law, but I believe you could have put in a different position with the same company if their department couldn't allow you off 90 days.
 
Oh man.. Sorry to hear about that! Like said, there's other opportunities out there.

This is exactly why I pay for long term disability benefits. An option my employer gives us every year at benefits re-enrollment. Of course it's a nightmare.. and not administered through my employer, but it's there for you.

OTOH, my employer typically waits 'till the end of a work day to can you.
mad.gif
One dude just got let go this Monday. Merry Christmas.

Joel
 
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You hurt your shoulder away from work and they hold your job for you for 3 months? I don't see a problem here. I think they did you a favor by holding out for 3 months (maybe via a mandate).

Would you wait 3 months for a plumber to show up to your house or a mechanic to fix your car?

Your employer doesn't exist to give you money, they exist to serve clients and make money. If you can't be a part of that, then there is no reason to keep you on.

I feel sorry for your situation, but your employer had nothing to do with you getting hurt. I would use this situation to look for a job that you can work at with a bum shoulder.
 
Originally Posted By: NHHEMI
I feel really bad for you losing your job and getting hurt. Let me say that 1st off so you know I am not trying to be a jerk here. It always stinks to lose a job but at Christmas time it is even worse I agree with you.

However, if this is a non work related injury like you say I have to also see the employer's side. They can only hold a job so long. You can't perform your work duties due to an injury suffered on personal time so IMO the employer should be able to let you go and fill the job with someone who can do it now.

Sounds like they gave you a while to recover annd held the job but it has taken too long so they need to move on. I can't fault the employer here. Sorry. I don't fault you either though. Just something that happened.


I have to agree that at some point the employer needs to move on so they can either find and train someone so they can stay in business. It is unfortunate that things like these happen, and hopefully you got medical insurance to cover your treatment and it is not permanent, so you can recover and find another job.

A lawyer probably can get your employer to change his mind, not because of violating the law but more because he don't want to deal with legal fee. Now if you go down that route you two would have a damaged relationship, and it is probably easier to just get a lump sum payment and move on anyways. Did they give you at least some money to make you feel better? Most good employer would part on good term because people run into each other and may switch employer / employee roles after a couple decades, I've seen that too often at work.

Meanwhile try to collect unemployment and disability to get you through, you paid for it and this is the situation they are designed for, and don't feel bad about it regardless of what others said about these "entitlement".
 
Originally Posted By: Cutehumor
I was on FMLA back in 2010 when I lost most of my right lung. I took 2.5 months and my job was still here. I think my co-workers were chirping about working OT to cover my job. I had one person call me at home as soon as I left the hospital asking me when I'm coming back. when I told her in another six weeks, she never called me back. oh well, I almost died. I needed all 2.5 months of FMLA I have an understanding manager. I believe in the OP case, the manager had to consult with HR to lay someone off on FMLA. They have to hold your job for 90 days under fmla law, but I believe you could have put in a different position with the same company if their department couldn't allow you off 90 days.


Yes, a lot of it has to do with how much your manager wants to keep you regardless of the law. I was told by our HR during a new hire orientation from a previous job, that they had to call the police and let go of a guy that got busted for storing child porn in work computer. His manager wants to keep him but the HR wouldn't allow it due to the seriousness of the evidence and law he was charged with. Another employee was asked to work from home when recovering from a surgery after expiring all the sick leave. The key here is how the employer view the employee and whether they are on good terms or not.
 
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The key here is how the employer view the employee and whether they are on good terms or not.


That is why I asked DragRace if he was on good/bad terms with his boss.
I think there might be more to the story.... but by not coming back to work (even with a bum shoulder and can barely function) after 3 months the company begins to wonder if you really want your job. If his role / position was very important to the organization, they might of had no other choice but to hire a replacement.

Did DragRace call his boss on a weekly basis and said he is coming back or inform him of his PT rehab progress ?
 
After 40 yrs of of no work related injuries working in construction. I am slowly breaking down due to my habits and age. Pneumonia in '08 and breast cancer in '09 -'10. Plus other minor medical stuff. I'm falling apart like a 15 yr old Ford. Whether they had to or not, the outfit has kept me on. I am so deeply grateful for my current job. All due to something I signed 25 yrs ago.
smile.gif
 
That I had 2000 hours experience in low voltage wiring. I have to take a 25 hrs of code up dates in fire and electrical every 3 yrs. In between , I mostly worked for the phone company up until '04. Then, in the nick of time, I got the license active. The local fire depts, police, insurance cos, all want the work to work. so permits and inspections are demanded. They are processed by licensed techs , inspectors and the the fire dept. I operate the system of smoke and CO. detectors. The procedures vary from town to town. It has its adventures and I have to be diplomatic and smiley through the entire process. It is not a bad gig, for a kindly gent such as myself.
 
Originally Posted By: LT4 Vette
Quote:
The key here is how the employer view the employee and whether they are on good terms or not.


That is why I asked DragRace if he was on good/bad terms with his boss.
I think there might be more to the story.... but by not coming back to work (even with a bum shoulder and can barely function) after 3 months the company begins to wonder if you really want your job. If his role / position was very important to the organization, they might of had no other choice but to hire a replacement.

Did DragRace call his boss on a weekly basis and said he is coming back or inform him of his PT rehab progress ?




Yes,everyone from the beginning was informed from day one.
I'm moving forward,time to focus on getting my shoulder mobility and lookiin elsewhere for employment.
 
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Originally Posted By: dwcopple
what will a lawyer get him though. His job back? They would treat him like [censored] then. His salary for several years? Then it would be worth it. Just chalk it up to a [censored] life event, get the unenjoyment while you look for a better opportunity.


Who cares if "they" might treat him like [censored]. If the job was worth having it wouldn't bother most people today because finding another "worthwhile" job is nearly impossible today.

Of course you don't comment on my other point that was.....letting this person go just before Christmas tends to annoy relatives that happened to be employed at the same company. Yep, it might make me a "bit" less productive as pay back. Just less enough to not be noticed but pay the manager that let him go back. LOL
 
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