Being fired

[Jan just starting 1]

Today when I arrived at work I sent an e-mail to my boss that I am having surgery on March 8th and would be off work for two weeks. This afternoon I was called in to his office and written up. Then they gave me papers to end my employment with them. I will be done on Febuary 25th. My insurance will end on March 31st. Can you belive that!! I am not sure what to do now.

[trish151 33]

I am so sorry to hear that. That is just offle. However, I am a firm believer that God works in misterious ways. Go sign up for unemployment and use this time to walk your butt off. You've got 2 weeks before your surgery date and ya gotta loose it anyway. I am fortunate that I have not been working for a bit and my husband is so I just have been making it my official job to get up and walk and work out with my hand weights. I also stretch and bend while I'm cleaning my house. I got me a pedomiter and today I said I am going to put as many miles on this thing prior to surgery as I can. I put 30,000 steps on it today. Maybe this is God helping you get a great jump start before he gives you an even better job. Hang in their sunshine. It's all how ya look at it.

[Wrangler 1]

Today when I arrived at work I sent an e-mail to my boss that I am having surgery on March 8th and would be off work for two weeks. This afternoon I was called in to his office and written up. Then they gave me papers to end my employment with them. I will be done on Febuary 25th. My insurance will end on March 31st. Can you belive that!! I am not sure what to do now.

Your boss never heard of FMLA I take it. What he did is not legal. You have a right to have a medical leave. My last job was at an auto parts store and even they knew about FMLA. Could there be another reason for the firing? My main job(that I had retired from) was a union represented job and none of that ever happened. I still have my insurance from that job and they have already approved my surgery even though a day hasn't been set yet.

I wish you good luck. Maybe you need to get a lawyer if you really want the job back.

[honk 780]

Call the company that is managing your COBRA. You have a right to continue your health insurance for 12-18 months (depending on what the federal law is at this time.). Not sure if the Fed is still paying 60 % of COBRA costs or not. Otherwise you will have to pay the whole thing; which is expensive.

Good Luck.

[honk 780]

<br />Your boss never heard of FMLA I take it. What he did is not legal. You have a right to have a medical leave. My last job was at an auto parts store and even they knew about FMLA. Could there be another reason for the firing? My main job(that I had retired from) was a union represented job and none of that ever happened. I still have my insurance from that job and they have already approved my surgery even though a day hasn't been set yet. <br /><br />I wish you good luck. Maybe you need to get a lawyer if you really want the job back.<br />

<br /><br /><br />

Unless you have a union most companies hold the right to terminate your employment at anytime. You would need to prove some kind of discrimination. Most companies can terminate you for ANY reason as long as it is not because of your Age, sex, or religious affiliation.

[mattie7632 24]

Just because there is such thing as Family Medical Leave Act does not mean someone can't be fired. Furthermore, outside of a written contract, most states laws say one can be fired for any reason, or no reason at all. She most certainly could be fired for stopping into the office and telling them she was taking time off. There obviously were other reasons they wanted to do away with her or her position and this just made it easier for them. To the poster: So sorry to hear about this, but most likely there is a better job waiting for you elsewhere. Remember lots of successful people have gotten fired before. Best of Luck to you!

Your boss never heard of FMLA I take it. What he did is not legal. You have a right to have a medical leave. My last job was at an auto parts store and even they knew about FMLA. Could there be another reason for the firing? My main job(that I had retired from) was a union represented job and none of that ever happened. I still have my insurance from that job and they have already approved my surgery even though a day hasn't been set yet.

I wish you good luck. Maybe you need to get a lawyer if you really want the job back.

[54Shirley 105]

I was in a similar situation when it comes to time running out with medical "laid off" If I were you I would see my surgeon, explain it to him/her, have the surgery done, and you can always go to a fill center for a fill. Or find out what his fills cost.. If you end up on state aid, let them pay for it.

I'm sorry to hear your situation, but unless you are signed up for FMLA "if it's offered were you work" Times are tough, and you can be fired in a flash. I would contact legal aid, and see if you have a leg to stand on. I wish you the best.

Shirley

[Acadia 20]

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).

[honk 780]

ALWAYS apply for unemployment. Let your former employer fight if they don't want to pay. If they refute your claim they have to attend in person or by phone an unemployment "trial" or whatever they call it. I was let go by a company once and they did not report all my earnings which meant I was set up to loose 10 weeks of unemploymnet. I had to supply my pay stubs to prove how long I had workd for them. SOB's.

[cwm812 11]

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

This surgery is not ccvered by FMLA.

Acadia,

What makes you think that this surgery isn't covered by FMLA? I work for a large employer and mine was covered. I've got all the paperwork to prove it.

Cindy

[Jan just starting 1]

I found out why I was fired. My company is downsizing. 4 people from my department was laid off. Now that I know that I feel better. My insurance goes throught March so I will be covered. Now I just need to find a new job. I am going to start sending out resumes today. The layoff was really a blessing in disquise. I have not been happy for the last 3 years.

[Cocoabean 430]

Something to consider with a band. There is quite a bit of after care. Fills do not come cheap if you have to pay for them out of pocket. The band does not work if you do not get adequate fills to provide you with the restriction you need.

I certainly am not wanting to talk you out of the surgery, but do consider all sides before you proceed. Having an empty band is like having a beautiful sports car with an empty gas tank. It looks great, but gets you no where. If you cannot afford to fill the tank, it just sits there doing no good.

[Acadia 20]

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

• Twelve workweeks of leave in a 12-month period for:
  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

• Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness who is the spouse, son, daughter, parent, or next of kin to the employee (military caregiver leave).

Elective surgery is not covered. Nor is cosmetic surgery.

If your employer fudged the paperwork to get it covered then they are doing so illegally.

However, if obesity and your coexisting comorbidities were considered serious enough that you would have been eligible for FMLA without surgery (unable to do your job due to your obesity) then it could be covered. However, most employers require that you take all of your earned time off / personal time off before you're allowed to access Short Term Disability (which is sometimes covered as well) or FMLA.

[Cleo's Mom 257]

Today when I arrived at work I sent an e-mail to my boss that I am having surgery on March 8th and would be off work for two weeks. This afternoon I was called in to his office and written up. Then they gave me papers to end my employment with them. I will be done on Febuary 25th. My insurance will end on March 31st. Can you belive that!! I am not sure what to do now.

This is why I am a big supporter of unions. They wouldn't be able to fire you without cause and a process of hearings, etc.. That being said, you might be in a protected class due to your age (40+), race, religion, etc... You need to call the EEOC to find out if what they did is legal. Make sure you get it in writing why they are firing you.

When you say you were written up - what does it say? You are entitled to look at your personnel file. I suggest you do that. You are entitled to see what is in it and have a copy.

If I were you I would call the EEOC and I would find a good labor attorney who deals with worker's rights. Some will do a consultation for free or a small fee.

Do not let your employer get away with anything that is not 100% legal.

Good luck and post again to keep us updated.

[Cleo's Mom 257]

Something to consider with a band. There is quite a bit of after care. Fills do not come cheap if you have to pay for them out of pocket. The band does not work if you do not get adequate fills to provide you with the restriction you need.

I certainly am not wanting to talk you out of the surgery, but do consider all sides before you proceed. Having an empty band is like having a beautiful sports car with an empty gas tank. It looks great, but gets you no where. If you cannot afford to fill the tank, it just sits there doing no good.

Actually that is not true. My band has been unfilled for over a year and it still provides some retriction - there are certain foods that I can't eat a lot of and my total capacity is reduced. This only differs from when I was overfilled in that I don't get reflux, heartburn, or stuck. I have had hunger from zero fill to overfilled and in between.