Something does not feel correct
My former employer let me go for attendance as they stated. I have been in and out of the hospital and doctors I have turned in the paper work as asked by them for my absences. They took my badge so I can't get into the building the same day they sent me home. I went to talk to HR that very same day but they were forcing all this paperwork on me telling me I had two choices I either file for medical leave of they are going to terminate me. When I went to pick up my check once again they were forcing the medical leave on me I let HR know I needed a letter of termination and they would not give it to me they also then insisted on me signing another paper stating that I voluntary resigned I did not sign the paper because I didn't volunteer to leave they made me leave and they also stated that even if they were not firing me today that they would in the future because I have a surgery in Feb that would cause me to miss work and that they would have to let me go even then I'm so stuck on what I should do I have 8 kids to take care of and I just feel as though they are wrongfully terminating me
Your employer gets away with murder. First of all I am glad that you did not sign paperwork as resigning. You would not be able to collect unemployment if you did. Jobs today fall under the doctrine at will. Employers can fire you and get away with it. Years ago i came out of the hospital returned back to work and was terminated. The American Bar Association told me that I didnt have a case. There are only a few states that do not fall under the doctrine of will. People need to address this issue with congress. Good Luck
So sorry to hear that Misty. Sadly they now a days pretty much do what they want in a lot of states, whether federal or not. They understand most people just do not have the money to take them to court. GOD Bess you Misty......
You really should have taken the medical leave. Does it pay well? Nope. But it pays better than nothing, which is what the other option is. At least it would have secured your job if you actually wanted it back, which it seems you didn't.
People are very quick on here to spout off about running to attorneys to consult with them about wrongful termination and such. Have any of those giving that advice done that and won a case? I am guessing NO. Not because people haven't tried, because lawyers take cases that actually stand a chance of winning and where they will, I don't know...maybe GET PAID???
How about someone holding people accountable. How about a real life class on "What will your life look like in 10 years when you are unemployed with 8 kids and the baby daddy's are nowhere to be found and you can't spell or use proper grammar?" Oops, sorry, my "I was raised well and proud of it" flag is showing. 8 kids? Really?? Shall I sign my next four payments over to you directly or do I have to go through welfare?
You are RIGHT that 'something does not feel right.' They are wrong in what they did on so many levels! The short point is they violated federal law protecting workers' rights. First they strepped on a land mine when they held your necessary surgerues and/or hospitalization against you. Strike ONE. And THEN there's the matter of intimidation, TRYING to force you more than once to sign a Voluntary Resignation Statement. Strike TWO. You know what that was for? To relieve them of having to pay Unemployment Compensation. Glad tou would not sign it. So then they fired you?!! Strike THREE. They just struck OUT. Niow I would like to share with you what you should do.
- File a complaint to the EEOC Office in your city. 2. Go to the Unemployment Compensation Office and file for unemployment because you were wrongfully terminated. Tell your story to both agency examiners. I know the cards are stacked in your favor. My service history in the U.S. Senate helping citizens with this very violation shows me you have a case. Medical Leave/illness needing hospitalization falls under a number of protective laws for workers. I began helping people with their cases when I left Congressional service after 22 years. Please keep us posted. Dianne McNair
Hello Misty, Pray and The Lord will see you through.
I'd state my case on YouTube and I'd put pics of my kids and name the organization. Want to see how angry folks get when a large organization fires a working parent at CHRISTMASTIME? PUT A GO FUND ME LINK. Some people will probably give you money to help you through the holidays. Check with vocational rehabilitation. They will BEND OVER BACKWARDS to get you trained and working to support the kids. God bless and keep you. Remember, trust God. He is sometimes at the final moment of the final hour...but He is never, ever late, if you trust Him and follow His directions. You are in my prayers.
Get a attorney or some free legal advice.Go to the labor board.Sounds like you wanted to keep working until surgery.I hope you heal and prosper.Do you have family or a church group that can help you through this difficult time? Roland
Messed up company BS WAYS!
Even with a illness/ surgery/ doctors note you still have to follow attendance polices in place by your employer. Most employers give you a week before you have to take medical leave and that has a MIN and MAX amount of time you can take. If you file for FMLA then you can get your absences protected based on what you are approved for. You have to take the necessary steps. Even when you are pregnant you have to file for FMLA if you need to take more days then allowed by the attendance policy in place. They have to have someone working when you are not there so they have to have 2 employees for one job basically. Thats why the necessary steps need to be taken.
I smell Attorney
Misty,
Call an Attorney