Emergency room visit = "you're fried"

[wolf1169]

What is the name of your state?TOMS RIVER, NJ - On December 2, 2004 I took a day off of work because I had lower back pain. I went to my doctor and she found out that I had a severe kidney infection. I was put on meds and went back to work the following day. On December 8, 2004 I went to the emergency room in the early a.m. because the pain was back and was worse than I originally felt (my doctor said to go to the ER if she wasn't available - i.e. 4 a.m.). I didn't go to work on December 9, 2004 and got a message to call my dispatch later in the day. He told me that the company is "in risk of losing customers" because of my days off and the end result was my termination.

 

[Beth3]

1. Did you call your supervisor on the days you were absent to inform him/her you were not coming to work and why?

2. How long have you worked there?

3. How many employees does this company have at the location at which you worked and within a 75-mile radius?

4. Did you work at least 1,250 hours for the employer in the 12 months prior to these absences?

 

[wolf1169]

Answers to your questions...

1. Yes, I called my dispatcher (who, at the time, was my immediate supervisor) the first time (Dec 2) and on Dec. 8, I called the emergency paging system (it was 4 a.m. and we were instructed to do so during off hours) to let him know that I was in the ER and not coming in. I called them when I got home from the hospital to let them know the details of what had happened and dipatch asked me if I needed the 2nd day (Dec 9) off and I told them I did.

2. I've worked there since Sept. 14, 2004. I left my previous job because this company offered me more money, better benefits, etc. and they are closer to my home. It, all in all, 'seemed' like a better deal.

3. It's a trucking company with 11 office workers and 44 drivers (local and long-haul). Everyone reported to that terminal, as it is the only one the company has.

4. I worked well over 1250 hours since my start date.

I have answered the questions as best I can for now, but if you need any more information please feel free to contact me. Thanks so much for replying!! Have a great day!

 

[Beth3]

wolf, because you hadn't yet worked there for 12 months, you were not entitled to any statutory leave under the FMLA. Consequently, if your employer wished to let you go because you were absent too frequently in their opinion, they may.

 

[wolf1169]

Thanks for your help. If there is anything that you can think of that may help me out, please let me know. I don't want to hang them out to dry but I'd like to try and get something back. The company was having money problems (10 of their leased trailers had gotten repossesed a few days before my 'incident') and I was just nearing my 3 month mark, which was when they would have had to start paying for my benifits (according to terms of hire) and it seemed like the timing for them to 'let me go' was perfect with that. They made it a very difficult Christmas for me...no money. LOL, it happens, but that time of year is a killer! Anyway, thanks again for your help. Have great day!

 

[Beth3]

You may have gotten a lousy deal but there is nothing you can do here. Your employer's decision to terminate you was completely lawful. You need to move on and focus your energies on finding a new job. Good luck.

 

[wolf1169]

Beth...that was my guess, but a guy can dream, can't he?!?!? LOL Thanks again.