swollentonsils
Junior Member
What is the name of your state?illinois is my state of residence.
i was terminated today due to "excessive absences from illness".
in january of this year, i came down with the worst case of tonsillitis ever. i was even sent to the ER by my doctor because i could not swallow my own saliva, and the pain was intolerable. i was not responding to the antibiotics and was put on steroids for a short time, and had to have abcesses drained from my throat & tonsils. it was suggested by 6 different ENT surgeons (i was shopping around for a specialist in coblation tonsillectomies) that i was to have my tonsils taken out. each of these ENTs have said that it would be very painful post-op, and i would need one week off of work minimum, although most adults take 2 weeks because of the pain (and pain medication). they also said that if i do not have a tonsillectomy, that i would keep on getting infections, and each would be more severe and more frequent.
i had notified my then place of employment and asked them when it would be best for the company for me to take off of work to have this needed surgery done, so that everyone would not be crunching around covering my position while i was out. i did not receive a response from them.
since january, i have had about 5 major episodes of tonsillitis. even when my tonsils were not 'infected', the swelling was not going down at all. this has made it hard to sleep at night (apnea) because i am suddenly awoken by me choking on my own tonsils. i have missed about 10 days from work the past 6 months due to this same illness.
i have always scheduled my doctors & ENT appointments during my lunch hours, or first thing in the morning/last thing of the day, and made up the time missed, if any, the same day or within a couple of days, and have always asked permission from my supervisors to attend these appointments.
seeing i was salary and not hourly, i was surprised that all of a sudden, i had been docked pay for my medical appointments, even though i made up the time missed. i had taken vacation, personal and sick time for the full days i had missed due to this illness. the last time i was ill, i was docked pay because i had been previously docked vacation hours for the time i made up.
now i have acute tonsillitis again. i have had 104.0 degree fevers the last 2 days, and made myself go to work.
i worked for a small company, 8 employees, however in their employee handbook it says that they follow the FMLA guidelines. it also says that they offer 'short term disability', but when i requested more information on this, they said that they dont really have that, and if they were to offer it it would be 'a bridge to long term disability' and would kick in after 90 days without pay.
this afternoon i was terminated due to my excessive absences and that they would not be able to cover or make due without me when i have my tonsillectomy. i have postponed this needed surgery to support my position's duties for the last 6 months, awaiting word when business would become slow and i could schedule the time off. they were notified that if i did not have this surgery, i would keep on getting infections, more frequent and more severe.
now i am out of a job, and out of medical insurance. they terminated that today too, even though i had already paid my share til the end of the month.
they never asked for doctors notes, but i have always provided them.
do i have a case for wrongful termination?
please advise. your help is needed.
thank you.
i was terminated today due to "excessive absences from illness".
in january of this year, i came down with the worst case of tonsillitis ever. i was even sent to the ER by my doctor because i could not swallow my own saliva, and the pain was intolerable. i was not responding to the antibiotics and was put on steroids for a short time, and had to have abcesses drained from my throat & tonsils. it was suggested by 6 different ENT surgeons (i was shopping around for a specialist in coblation tonsillectomies) that i was to have my tonsils taken out. each of these ENTs have said that it would be very painful post-op, and i would need one week off of work minimum, although most adults take 2 weeks because of the pain (and pain medication). they also said that if i do not have a tonsillectomy, that i would keep on getting infections, and each would be more severe and more frequent.
i had notified my then place of employment and asked them when it would be best for the company for me to take off of work to have this needed surgery done, so that everyone would not be crunching around covering my position while i was out. i did not receive a response from them.
since january, i have had about 5 major episodes of tonsillitis. even when my tonsils were not 'infected', the swelling was not going down at all. this has made it hard to sleep at night (apnea) because i am suddenly awoken by me choking on my own tonsils. i have missed about 10 days from work the past 6 months due to this same illness.
i have always scheduled my doctors & ENT appointments during my lunch hours, or first thing in the morning/last thing of the day, and made up the time missed, if any, the same day or within a couple of days, and have always asked permission from my supervisors to attend these appointments.
seeing i was salary and not hourly, i was surprised that all of a sudden, i had been docked pay for my medical appointments, even though i made up the time missed. i had taken vacation, personal and sick time for the full days i had missed due to this illness. the last time i was ill, i was docked pay because i had been previously docked vacation hours for the time i made up.
now i have acute tonsillitis again. i have had 104.0 degree fevers the last 2 days, and made myself go to work.
i worked for a small company, 8 employees, however in their employee handbook it says that they follow the FMLA guidelines. it also says that they offer 'short term disability', but when i requested more information on this, they said that they dont really have that, and if they were to offer it it would be 'a bridge to long term disability' and would kick in after 90 days without pay.
this afternoon i was terminated due to my excessive absences and that they would not be able to cover or make due without me when i have my tonsillectomy. i have postponed this needed surgery to support my position's duties for the last 6 months, awaiting word when business would become slow and i could schedule the time off. they were notified that if i did not have this surgery, i would keep on getting infections, more frequent and more severe.
now i am out of a job, and out of medical insurance. they terminated that today too, even though i had already paid my share til the end of the month.
they never asked for doctors notes, but i have always provided them.
do i have a case for wrongful termination?
please advise. your help is needed.
thank you.
