Fired because I had emergency surgery?

[Neo2012]

What is the name of your state (only U.S. law)? New York!

Last month my doctor told me that I need emergency surgery. The next day while at work, I informed my employer and asked her what I need to do. She told me that they would put me on un-paid medical leave.

I asked her if they need a note from my doctor, she told me that only when I come back to work to bring a doctors note releasing me to go back to work. I asked her to send my next check to my home. She told me to write a letter of authorization to do so, I did immediately.

After 2 weeks I had not recieved my check, I called her and she said that I didn't return my metro card, (bus pass), I asked her why would I do that if I'm coming back and then she hung up on me. They would not answer my calls after that. I have filed for disability as I have to have another surgery next month. Do I have a case against them for firing me?

 

[cbg]

Not enough information to say.

How long have you worked for this employer?

How many employees does the employer have within 75 miles of your location?

In the 12 months immediately preceding your surgery, did you work a minimum of 1,250 hours?

 

[justalayman]

do you know what FMLA leave is? If so, are you eligible?

If you don't know:

how many employees are there where you work?

How long have you worked there?

How many hours in the last 12 months have you worked?

have you taken any leave in the previous 12 months attributable medical reasons or to care for a family member ?

edit: darn you cbg.

 

[swalsh411]

Regardless of whether or not you qualified for FMLA, It is not legal to hold your check past pay day because you did not return your bus pass. You do need to return it however and so it would proabably be best to just do that so they send you your final check.

 

[Zigner]

Doesn't sound to me like you've been fired...yet. You're on unpaid medical leave.

 

[Zigner]

Regardless of whether or not you qualified for FMLA, It is not legal to hold your check past pay day because you did not return your bus pass. You do need to return it however and so it would proabably be best to just do that so they send you your final check.

Did the OP head in to collect the check on the normal day in the normal manner? Did the OP request that it be mailed? Based only on what was posted, it appears that neither has happened.

 

[ajs09876]

She did ask to have it mailed

I asked her to send my next check to my home. She told me to write a letter of authorization to do so, I did immediately.

After 2 weeks I had not recieved my check,

 

[Zigner]

I asked her to send my next check to my home. She told me to write a letter of authorization to do so, I did immediately.

After 2 weeks I had not recieved my check,

Oopsie