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fired behind my back while on sick leave

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super70

Junior Member
What is the name of your state? Washington

Hello. I have a real problem on my hands here and I would like to know what (if any) legal recourse I may have. For the last two and a half years I have worked for a small business owned by 3 ladies. one of the three (the one with the largest share) is an absolute horror of a person. Long story short: In October 2007 i was diagnosed with chron's disease after ending up in the hospital for four days. my employer didn't seem too concerned about it saying it was no big deal, i wasn't really sick, blah blah blah. In November i was diagnosed with cervical cancer. I ended up having a hysterectomy in January..I told my boss that I would need 6 to 8 weeks (and possibly more due to the fact that i am a slow healer due to the high amounts of prednisone that i am on to keep the chrons at bay) off. In this time i have had one chron's flare that landed me back in the hospital and one staph infection after that. She was more than happy to give me the time off. It has just now been 6 weeks and i have an appointment with my doctor next week to get clearance to go back to work. I have come to find out that my boss has hired my replacement and told the other owners that she was making a business desicision and firing me. Only she won't tell me. She has been hounding one of the other owners to tell me, she absoulutely refuses to call me and inform me of this situation. The other owners asked if she would just lay me off so i could collect unemployment and she refused. She has stated that she won't ever let me get unemployment. I also consign items in this shop...she told them i could keep the stuff in the shop and i would get checks sent to me (as if i would keep anything there :eek:). I have felt for awhile that she has been wanting to get rid of me, so i knew it was coming somehow. She is making up customer complaints against me and i think she is writing me up for these supposed complaints. She also thinks that i am well enough to come back to work and stand up for 5.5 hours a day and that I am making up not feeling well enough. She tells customers these lies when they ask how/where i am.
Anyways, i would like to know if i am elegible for unemployment anyways, or if there is some sort of legal recourse i can take against her.
If you guys have any other questions, i'll do my best to answer....thanks for your time in advance. :)
 


cbg

I'm a Northern Girl
She does not decide if you get unemployment or not. The state makes that decision. She has the right to contest, just as you have the right to file, and both sides have the right to appeal if the decision goes against them. But the state, and only the state, makes the final decision.

As to any legal recourse against her, how many employees within 75 miles of your location? It makes a difference.
 

super70

Junior Member
Thanks for the reply cbg.
The turnover rate is high there, many ex-employees have applied for unemployment and she just lies over the phone. No one who has ever worked there in the 8 years it's been open has successfully gotten unemployment. :mad:
I think currently there are around 10 to 12 employees within a 75 mile radius of me.
(I am not positive, because i haven't been there for over a month and I don't know how many new ones she's hired)
How come it makes a difference? (I'm really curious :))
 

cbg

I'm a Northern Girl
It makes a difference because there is a law entitling certain employees of certain employers to protected sick leave. However, the employer must have 50 or more employees within 75 miles of the employee's location. Since she has only 10-12 employees this law does not apply.

That being the case, it is legal for her to fire you for excessive absences, even if the absences are due to illness. Sorry.
 

Indiana Filer

Senior Member
Super70

Send me a private message by clicking on my username. I may have a link to some help for both the crohn's and the legal issues.

I've been diagnosed for 17 years now. I hate prednisone with a passion!
 

super70

Junior Member
thanks..i just sent you a message:)
yeah, the pred is defo a love/hate relationship...currently it's on the hate side! ;)
(40 mg daily..ugh)
 

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