Being fired

[mattie7632 24]

Of course there are ways to discipline or write up and train, and what makes you think I don't do just that??? Because it is my right within the law to fire a crappy employee- and because I agree with it--doesn't mean I'm a bad boss.

Sorry, but I don't have to counsel bad employees just because employees think I should. My job is to keep business running, not pamper and coddle.

I am not opposed to disciplining, writing up or firing employees. I can think of several employees I worked with who needed to be fired. But, whether you like it or not, as the employer, it is your job to tell an employee what they are doing wrong and offer a path for improvment. Sometimes they don't know what they are doing wrong. Sometimes they don't care and should be let go.

There are ways to break this news to the employee. If it is something that can wait until their evaluation then do it then. If it is an offense that can't wait then there are ways that you can break it to them. Surely you 've had management training for this. Say they're coming late too often. Bring them in and tell them that their work is important and they generally do a good job but when they aren't there on time it affects other employees who depend on them to be there and help with their job. I'm not trying to tell you how to do your job but simply that there are ways to tell an employee that they need to improve without it being the nightmare.

[54Shirley 105]

A lot of times companies have floaters "people who are available for any job" If someone goes out on a medical leave, you should always have back up to keep you moving. Like Floaters.

Times are hard! I lost my job because the company chose to send our work to Mexico. They need to get rid of NAFTA, and we can have our work back..

If you have a excellent employee, and they give it there all. Just because they go in for surgery is no reason to fire them. Use your floaters.If anything fire your screw ups, and hire in someone that is willing to work for a living. I know a few people that would give a arm or leg just to have a decent job with a good boss. So if you really are a good boss! Please treat your employees with equal respect. It hurts to be treated wrong. Equal respect worked for me.

[honk 780]

ENOUGH! I come on here for a break from my HR job.

[patsfan 0]

Lap Band can be covered under FMLA. It depends on the reason used for the surgery. FMLA does not apply to very small companies though.

FMLA isn't "offered" it's federal law protecting time off for very specific things.

This surgery is not covered by FMLA.

As for her being fired, the first step is to ask for the reason - in writing, but you have to send them a request in writing - and certified mail - to make this legitimate.

• Workers may request the reason for discharge by sending a written request to the business for a signed written statement of the reason for discharge and the effective date.
• Businesses must respond to the request in writing within 10 days of receipt of the worker's request. If a worker wants to write a letter requesting a written reason for being fired, the worker should be sure to date the letter, keep a copy of it, and send it to the business by certified mail, return receipt requested. This provides evidence of when the request was sent and whether or not the business received it.

It will also help to get a voice recorder or an app on your phone to record conversations and record every meeting you have with your boss or HR people from now until the end of your employment (but first you need to look up the law for your state for recording conversations, in some states only one party needs to know, in other states both parties need to know). Document everything from here until you are gone.

Before you go, talk with HR and ask them why you are being fired, even though you'll get that in writing you need it orally to know if you're eligible for unemployment. If you were fired for misconduct you're not eligible. Also, you'll want to know all the COBRA information mentioned earlier. That will allow you to continue your medical coverage (at an expense, but cheaper than paying out of pocket for some things).

[Peaches78 8]

FYI, when I inquired about FMLA at one employer they did say I had to use up all the time I had comming before I could use that. So one would probably need to use all vacation and sick time before using FMLA. In MA if you are out for more than 5 days if your company offers short term disability you would then go on that the 6th day. Which would actually be better because FMLA is UNPAID.

I know this does not apply to the original poster but others reading this thread should research their rights for their particular state both online and with their benefits department.

Agreed! I work in benefits and to be clear the surgery itself is not "covered" from a medical perspective under FMLA however, the time off from work (job protected) due to the surgery is covered and in most cases after a 5 day waiting period (+/- depends on company policy) the person would be covered under STD as well most likely.

There were some good posts with regard to what FMLA is and is used for here but I would caution anyone to look up the Act on the DOL website (any company with 50 or more employee is required to comply) and also check with their HR and/or Benefits departments. Also, not all companies require you to use personal/vacation time first but some do that is why its very important to check! I know I will be having my FMLA paperwork filled out by my physician very shortly

[ElfiePoo 109]

I have to second the post about thinking ahead to what you're going to do about fills if you have no medical coverage. For most banders, fills (and unfills) are a fact of life. Some lucky few only need a couple. I've had about 8-9 visits for fills and unfills over the last year. Most docs charge close to $200 for each visit if paying cash. There are a rare few who charge a more reasonable fee...given that we're only in their office for 5 minutes.

The vertical sleeve isn't as drastic as the bypass and you don't have to deal with 'adjustments'. It might be an option to look at just for your own information.

.

[Shelley64 26]

I don't believe your employer can fire you for taking time off of work. What does your employee handbook say? If you've got vacation/sick days coming, you can use them however you want. You won't need to be off 2 weeks for lapband unless you have some type of complication. Most people are off work for a week, some less. The family leave act, I believe, only applys to company's with a certain number of employees. I would suggest you contact your local employment service and ask for assistance in how to take this up the chain of command. It is very very difficult to fire an employee today even if there is a valid reason. Companies want to avoid wrongful discharge suits because they are very expensive to fight in court. I personally don't think they have a leg to stand on. If they went to their legal team and said we're letting this person go because she's going to be off work for a medical procedure, they would get laughed out of the room!

[ElfiePoo 109]

Whether or not they can fire you without a reason varies by state. I live in an 'at will' state meaning they don't have to have a reason for firing you *BUT* they will have to give a reason when you go file for unemployment because, while they can let you go for no reason, they'll still have to pay unemployment benefits unless you were fired for a 'just cause'.

.

[ElizabethNYC 1]

I am going through something similar. I have a feeling once I give my surgery date and request to take off I will be fired.

Someone mentioned FMLA, I know here in NY you must have at least 50 employees for this to be given. We have 49 and we were told last year that we are no longer covered under FMLA. My boss is a....well I can't really say it on here without being reported (lol) and since last year we've hired at least 1 more person but I think he found a loop hole in order for us NOT to be under FMLA.

Another thing is my insurance only covers one fill and after that it will be $60 for each fill so you may want to check with your surgeons office to see how much they are, $60 isn't cheap but at least it wouldn't be once or twice a week.

I wish you the best of luck and I'm sorry about you being fired!

[Lady Lap Band 71]

Is that legal??

[mattie7632 24]

Correct Elfiepoo. Outside of a contract it is not tough to fire anyone at all in at will states. You don't even need a reason to be fired. The employer is just CYA so he doesn't have to pay unemployment.

Whether or not they can fire you without a reason varies by state. I live in an 'at will' state meaning they don't have to have a reason for firing you *BUT* they will have to give a reason when you go file for unemployment because, while they can let you go for no reason, they'll still have to pay unemployment benefits unless you were fired for a 'just cause'.

.

[Jan just starting 1]

Wow, what a lot of replies. I didn't expect that many. I live in an at will state. I will be able to collect unemployment. I did not like where I was working so the firing was a blessing in desquise. I will be going on my husbands insurance as soon as mine runs out and they do cover the lap band. So I will be covered for the fills.

[mattie7632 24]

Yea! That's awesome news!!!

Wow, what a lot of replies. I didn't expect that many. I live in an at will state. I will be able to collect unemployment. I did not like where I was working so the firing was a blessing in desquise. I will be going on my husbands insurance as soon as mine runs out and they do cover the lap band. So I will be covered for the fills.