Fired While home Sick, on pain Medication, per Doctors orders

[alisiafawn]

What is the name of your state? Texas
While home sick & on pain medication for 2 days per Dr. orders. Employer called wanting to know why I couldn't be at work while I was sick. When I tried to explain, he started screaming and yelling at me and said I was fired. (I don't receive sick time, if I am out due to illness, I don't get paid).

A neighbor drove me to the office to get my things & my employer took me behind closed doors and changed his story as to why I was fired and tried bribing me to go along with his new version in exchange for his assistance toward a severance package. I left without my stuff.

Now he is calling me at home wanting me to tell other employees how to do my old job. Today he called me and started screaming at me because while he was out, I had gone to pick up my personal belongings, that someone had (without my knowledge)gone through and thrown into boxes.

Is this a wrongful termination? I don't have an employment contract and have been with this company since September 1999. What can or should I do now? I am a single mom of four young children and receiving no child support. I really can't afford to lose my job, but I don't really want it back under the circumstances. However, there has to be someway to deal with this to my benefit. Please help!

 

[Sockeye]

The only option you have to benefit from this it apply for unemployment. I don't see anyother recourse for you pursue this legally from what you posted.

Texas is an employment "at will" state which allows an employer to let you go for any reason or no reason at all. Your boss changing the reason doesn't matter legally.

 

[cbg]

No, this was not a wrongful termination.

For some reason a great many people have gotten it into their heads that if the doctor gives them an excuse, the employer is required by law to ignore the absence. That is only true if FMLA applies. A two day illness is not going to qualify.

I'm not saying it was fair, but it was not illegal for the boss to fire you. Stupid, perhaps, but legal.

 

[alisiafawn]

Does it matter?

No, this was not a wrongful termination.

For some reason a great many people have gotten it into their heads that if the doctor gives them an excuse, the employer is required by law to ignore the absence. That is only true if FMLA applies. A two day illness is not going to qualify.

I'm not saying it was fair, but it was not illegal for the boss to fire you. Stupid, perhaps, but legal.

Does it matter that my face was so swollen that I couldn't see in order to do my job let alone drive from the pain medication? Does it matter that he is now changing his story to imply that he is doing this for my benifit so I can find employment elsewhere since "I've gone as far as I can with this company?" He also said that he would tell unemployment that I quit and was not fired. He also said "I can help you get employment elsewhere or I can see to it that you never work anywhere in this city again, your choice?" this was said after I brought up the FMLA. Isn't this bribary and blackmail? Isn't that illegal?

Am I required to help him with training of another employee for my position even after being fired? He also expects me to tell him about specific contracts I was working on, without paying me for my time. He keeps calling me and leaving messages to this affect on my cell phone. He refuses to remove my voice from the company phone system and says he doesn't have to compensate me for the use of my voice, even though I am no longer affiliated with the company.

 

[cbg]

Does it matter that my face was so swollen that I couldn't see in order to do my job let alone drive from the pain medication?

No.

Does it matter that he is now changing his story to imply that he is doing this for my benifit so I can find employment elsewhere since "I've gone as far as I can with this company?"

No.

He also said that he would tell unemployment that I quit and was not fired.

If you are turned down for benefits on this basis, you can appeal. I know that 's not much help and I'm sorry.

He also said "I can help you get employment elsewhere or I can see to it that you never work anywhere in this city again, your choice?" this was said after I brought up the FMLA. Isn't this bribary and blackmail? Isn't that illegal?

I think you'd have a very hard time making either charge stick.


Am I required to help him with training of another employee for my position even after being fired?

No, you aren't.


He also expects me to tell him about specific contracts I was working on, without paying me for my time. He keeps calling me and leaving messages to this affect on my cell phone.

Delete them.


He refuses to remove my voice from the company phone system and says he doesn't have to compensate me for the use of my voice, even though I am no longer affiliated with the company.

In this case, he is correct. He does not.