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Is this legal???

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whatisgoingon

Junior Member
What is the name of your state? Ca

I have 33 vacation/sick days stored up. I had 38 at the beginning of the year. Earlier this year I had a lumpectomy of my breast due to cancer. I was out of work for 5 days (with a doctor's note) because I suffered an infection at my surgery site and antibiotics would not get rid of it. Toward the end of my sick days off by doctor's orders I was still made to drive 86 miles to the head office for a "mandatory" meeting with my manager. (I had missed a meeting the day before.) She MADE me tell her what was wrong with me (I have a witness to this) and then tried to write me off for missing the meeting the previous day and for excessive days off. (5 by May.) She had my doctor's note in front of her and it was given to her previously, of course.

Now, I am ill again. I took a different approach. I sent the doctor's note to corporate H.R. 4-5 days later I received Cobra papers and termination of employment papers on one of my doctor ordered sick days off. Is this even legal? P.S. I have been with the company for 3 1/2 years. I have been #1 sales person for 2 1/2 and my manager bullies me, just me. She only moved into the position of being my manager this past March.

Thanks.
 


cbg

I'm a Northern Girl
How many employees does your employer have within 75 miles of your location?

What did the doctor's note say SPECIFICALLY?

There is a reason for both questions that has a direct relationship to the legality of the action in question.
 

whatisgoingon

Junior Member
It said "*********** is unable to work due to illness for a period of 2 weeks or until *******"

That is all it said because I felt uncomfortable for the doctor to let everyone know that I have breast cancer. My health issues were demanded by the company before and everyone found out about them (co-workers etc. exactly what I did not want to happen), I did not want them to know what is exactly going on with me. By the way, the last time I was off for 5 days I broke a record for #s during that month and was #1 with in our division and in the top 10% of the nation (as far as $$$$$$ are concerned.)
 

cbg

I'm a Northern Girl
Unfortunately, that is not enough.

The employer has a responsibility to offer you certain protections that are guaranteed by law, but they cannot do that if they do not know what medical conditions apply. By refusing to provide the information, you are potentially cutting yourself off from legal protections that you would otherwise be entitled to.

You did not answer my first question and it is important.
 

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