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can they do that

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bubbullzz

Junior Member
What is the name of your state?ok
First of all I want to Tell you how sorry I am that this is so LONG!
My sister worked as package and carry out. Working a 9-5 shift mon-fri. Was alway working hard. she had been with the company for over a year. She had a seizure at work and fell and hit her head. had to leave and go to the dr. when she went to a dr she always brought a note saying why and when. the seizures was something that seem to be on going no mater what she did. she started having them befor she had her baby. when she had to go to the dr she would let them know in advance so they can have some one there to do her job. she had to go to a specialest for her seizures. and she let them know a month and a half in advance. that she would be gone that day. when she told her boss or i should say one of her bosses. the told her "If you do not get your health figured out I will have to replace you and fire you!" (Like she can say I can't have a seizure know and go on with the day.) He has told her this several times and in front of other associates. On 4-1-05 He and another one of the bosses pulled her in to the office and sat down and told her that "This is your fourth warning if you do not do something about your health we are going to have to let you go. You missing work or being late or haveing to leave early to go to the dr or to take your baby to the dr can not happen anymore we have had enough." It up set her a lot she can not help it. every time he talked to her they would right a note saying exactly what they said and they would sign it. on 4-6-05 she felt a little funny and asked one of the other girls to carry out for her she would be right back she went in to the bath room. when she came out one of the other managers met her and told her to come in to the office. he told her that that was the last straw she was gone. the would not put up with that any more. since he fired her she went to the unemplyment office and filed the U.P felt they where wrong in firing her and then gave her Unemplymemt. we recieved a letter from them stating that now the company wants to fight it. and also a package with all the papers in it. and it had a copy of all the notes the managers of the store wrote and signed. the U.P office said to do everything the said the store will not win she will. well my question is do you think with all the papers we have she can sue them? I would be happy to help her fight. I have worked for them many years ago and i know what they are like and how they treat you. Please Help!!!!
 


cbg

I'm a Northern Girl
Very important questions;

1.) How much over a year had she worked for them?
2.) When you add it all up, IN TOTAL how much time did she miss from work?
3.) How many employees does the employer have within 75 miles of this location?
4.) Is she working full time?
 

bubbullzz

Junior Member
1) about 1yr and 5 months 2) she did't realy miss any work untill 1-05 and from then untill 4-05 about 6 days total 3)what do you mean with in 75 miles. if you mean how many work for him it is about 110-130 4) they never said she was full time but she did work 35+ hours a week and was not allowed to clock out for a 30 min lunch.so if she had to go to the dr during the day she could not leave work. she wasn't even allowed to leave and go get lunch. I should also add that one of his notes said that "she was told 5 days before we fired her that she could not leave to go to the dr for her or her child" and the Unemplyment office told her to go and file for ssi becouse her seizures she is now as of 6-20-05 she is not allowed to drive the seizures can couse a stroke. there is something else that i was going to say and can't remember now when i remember i will post it
 

Tony31

Member
I dont see a legal alegal avenue for a tort claim. Assuming your employment to be at-will, the employer may fire for anything but a cause that violates public policy. There is no statute that gurantees you the right to time off to seek medical attention. Although it would seem the humane thing to do, I can find no written law imposing this on employers or caselaw similar to yours that would set precident. One thing is clear, employment in Oklahoma for a part of a year is considered employment for the full year in your state.
Follow the Unemployment Office advice and run with what you can through them.
 

cbg

I'm a Northern Girl
Tony, you've never heard of FMLA?

OP, your sister may have a claim for a FMLA violation. FMLA requires a qualifying employer to offer up to 12 weeks of unpaid medical leave to a qualifying employee. Although your post is rather hard to read (punctuation is your friend) it would seem from what you're saying that both the employer and your sister qualify.

She should contact the US DOL and file a complaint.
 

Tony31

Member
cbg said:
Tony, you've never heard of FMLA?QUOTE]

Yes I have but it appears from her post that she needs intermediate days off on certain work days, and not one continuous length of time, which is what FMLA is for.
 

Tony31

Member
cbg said:
Tony, you've never heard of FMLA?QUOTE]

Yes I have but it appears from her post that she needs intermediate days off on certain work days, and not one continuous length of time, which is what FMLA is for, and she's made no mention of making a FMLA request, which if she did, would provide legal protection against the termination.
 

cbg

I'm a Northern Girl
First of all, nothing in the statute says that FMLA has to be taken in only one long leave. FMLA can and is able to be taken on an intermittant basis.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.203.htm

Secondly, the employer is not required to specifically ask for FMLA before protection exists. If the employer knows that they have a condition that might qualify for FMLA, as epilepsy would, the employer is liable if they do not make the employee aware of their right to take FMLA leave.

http://www.dol.gov/elaws/esa/fmla/faq.asp
 

Tony31

Member
cbg said:
First of all, nothing in the statute says that FMLA has to be taken in only one long leave. FMLA can and is able to be taken on an intermittant basis.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.203.htm

Secondly, the employer is not required to specifically ask for FMLA before protection exists. If the employer knows that they have a condition that might qualify for FMLA, as epilepsy would, the employer is liable if they do not make the employee aware of their right to take FMLA leave.

http://www.dol.gov/elaws/esa/fmla/faq.asp
You being an HR person, I would trust your knowledge on FMLA over mine. I stand corrected.
 

TamaraL

Junior Member
FMLA always confused me, i tried to get it for my IBS...some days are just unmanageable...and was denied. Whereas a friend i used to work with has FMLA for his depression and flaunts that he is able to call in FMLA whenever he wants a day off :( I should add that he claims not to need FMLA for a medical condition, but continues to renew it for the free 'get out of jail' card he can use.
 

cbg

I'm a Northern Girl
Tamara, your friend is abusing the law. FMLA is absolutely not to be used in that way and if his employer is able to get proof that he is doing that, he can be fired. However, FMLA is one law where everything is stacked in favor of the employee. As long as your friend is able to get a doctor to back him up he'll probably continue to get away with it. It's unfortunate but there are always some people who don't mind breaking the law if it works to their benefit.

However, I think this is the first time you've mentioned trying to get FMLA. I can't understand why you were denied, and denying it to you may have been illegal. While I remember your overall situation, I don't remember the details, so please indulge me.

1.) How long had you worked for that employer?
2.) How many employees did the employer have within 75 miles of your location?
3.) Did you work at least 1,250 hours in the last 12 months you were with the employer?
4.) How long had you worked there when you asked about FMLA?
 

TamaraL

Junior Member
cbg said:
However, I think this is the first time you've mentioned trying to get FMLA. I can't understand why you were denied, and denying it to you may have been illegal. While I remember your overall situation, I don't remember the details, so please indulge me.

1.) How long had you worked for that employer?
2.) How many employees did the employer have within 75 miles of your location?
3.) Did you work at least 1,250 hours in the last 12 months you were with the employer?
4.) How long had you worked there when you asked about FMLA?
Hurray threadjacking :D

1.) 4 years
2.) Tons, at least 5,000
3.) Yes
4.) 4 years

It was never actually filed because my doctor said i didn't have a chance and he wouldn't file it. He said it was only for people with cancer or other such life threatening chronic illnesses and i didn't need it for IBS if my employer was in any way accomodating. I didn't exactly like that since i knew a co-worker had his doctor backing him for depression...but he's the doctor and knows best so i didn't seek FMLA through another docotor, at that point i didn't know my work situation was as bad as it apparently was or i definately would have.
 

cbg

I'm a Northern Girl
Sorry, I misunderstood you.

If your doctor did not feel that your situation warranted FMLA, your employer is not obligated to grant it. While I'm not sure I agree with him that it is only for cancer, etc., FMLA is the one and only time when a doctor's note is binding on the employer. If the doctor had authorized FMLA and the employer had refused to grant it, which is what I thought you meant, that would have been illegal, but if the doctor said no, this instance is not appropriate for FMLA, your employer had no legal obligation to grant it.

My apologies to the OP for the hijack.
 

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