Is this legal?

[whatisgoingon]

What is the name of your state? Ca



Hi, I went on sick leave with a written note from my doctor. (I have 38 vacation/sick days) I was made to tell my company what I was sick (breast cancer). I was also made to drive 86 miles up to the office to explain this on one of the doctor's ordered days off. I was also told that my days off were excessive (5 at the time). They even tried to write me up for excessive days off and one of these sick days fell on a meeting day and meetings are mandatory no matter what. I had to go on real sick leave again with 33 sick/vacation days left. A few days after my doctor's note was submitted and approved I got termination and Cobra papers through the mail. I work in sales for a company of 77,000 employees world wide. What is my recourse and is this legal?

Thanks

 

[cbg]

Your employer is entitled to enough medical information to know whether certain laws, such as the ADA or FMLA, apply.

Your doctor does not run the employer's business. The doctor does not "order" your days off. Outside of FMLA a doctor's note has no force in law. Outside of FMLA five sick days in a short period of time IS excessive.

Before I go any further, however, I need to know what reason was given you for the termination.

 

[whatisgoingon]

Hi,

Thanks for your reply. No reason was given. I just received papers saying I was terminated as of a certain date which fell after I went on sick leave. As far as the five days in a row off are concerned, I had no intention of taking that much time off. I got an infection from my surgery and antibiotics would not get rid of it. I got seriously ill. I have worked for the company for 3 1/2 years prior to all this with only 1 sick day off and 3 vacation days off in all 3 1/2 years. Also, I am the #1 sales person 2 1/2 years running for our division.

 

[cbg]

I did not realize, when I answered this thread, that you were the same poster as in the other one.

As I indicated in your other thread, by refusing to provide the medical information your employer asked for, and was legally entitled to, you have cut yourself off from legal protections that would otherwise have applied. A doctor's note that simply says, Sally needs x days off from work, doesn't cut it. Such notes are a dime a dozen whether there is a medical reason for them or not, and they hold no water legally.

Had you provided the medical information the employer requested, you would have been entitled to up to 12 weeks of medical leave with your job protected. Since you did not, you may be out of luck.

You can contact the US DOL and ask them about a potential FMLA violation in case there are details you have omitted from your post that change the answer. But based on the information in your combined posts, I think you've shot yourself in the foot.