Terminated

[Ebenezer]

What is the name of your state? Pennsylvania

I have recently been terminated/laid off. I am not sure which however I am collecting unemployment compensation.

My story begins with my leave of absence for herniated disc surgery. I was out for 7 weeks. During this 7 weeks I was to collect Disability Insurance. I have been paying into Disability Insurance for the entire 13 years of my employment with this company. My company screwed up and lost paper work and did not file correct paper work, and I did not receive my first check until after 6 weeks (there was a zero day wait period on the policy). This was all after I was very strongly recommend/demanded to change the surgery date that I had given my company 6 weeks prior. It seems there was another clerical error and they did not have the zero wait policy in effect and they only discovered this 2 weeks before my surgery date. So I changed the surgery to a much later date. Anyhow I heard through the grapevine they were upset with me for calling once a week when I was off asking what is going on with my Disability check.

After returning to work the only comment my boss had for me was "Don't be showing anyone that (scar) they will think you're a sissy for taking so much time off work for such a little scar" The grapevine also told me the boss thought I was milking out the surgery. (Doctor gave them an 8-week leave slip) I was then asked to take a lesser position or be pink slipped. He already knew I did not want the lesser position.

The almost same exact scenario as above paragraph happened with another employee except he was told he must go part time. He is over 65 and they were just hoping he would quit.

Sorry so long. Here are my questions.

I consider this wrongful termination, but from the posts that I have just read it appears to me there is no case.
Am I correct in assuming this?

I had two weeks vacation I did not take am I entitled to the money for it?

I was told they do not have a severance policy even though years earlier an employee with less than one-year service was given 4 weeks pay when he was let go. (he was let go because a family friend needed employment)
Am I due severance pay?

Thank for your time. Again sorry so long but I could go on and on and on.

 

[cbg]

I can see ONE possibility that might turn this into a wrongful term, but to be certain you will need to answer a couple of questions:

1.) How many employees work at your location? In total?

2.) Was this surgery scheduled, or was it handled on an emergency basis? If scheduled, how much notice did you give your employer that you would be out?

3.) Prior to this surgery, had you missed any additional time in the last 12 months? If so, how much?

4.) Were there others being asked to take lesser positions and/or be terminated, or were you the only one?

Florida does not require the payout of earned but unused vacation unless there is a company policy to do so.

Under the circumstances you describe, the company has no legal obligation to pay severance. The fact that they did so on one occasion several years ago does not obligate them to continue the practice.

 

[Ebenezer]

cbg

1) 20 Office 120 give or take in the field

2) Surgery was scheduled. I gave 6 weeks notice prior to first surgery date.

3) I had missed no time my absentee record is outstanding and I have though more vacations than I can count.

4) I was the only one.


I only consider legal actions as a principal thing. This company does this sort of thing all the time. They refer to female employees as hens and have a very open chaufenistic attitude. The getleman that is over 65 is belittled constantly, they just want him to go away.
I am much happier not working there, and I know it is not a perfect world but something has to send a message.

Thank you for your response.

 

[cbg]

Have to ask another question, sorry.

How widely spread are these employees in the field? Specifically, what I need to know is whether or not there are 50 employees within a 75 mile radius.

 

[Ebenezer]

cgb

Union company I was office (not in the union) the other union employees are within 75 miles for the most part.

Thank you

 

[cbg]

Union or non union has nothing to do with where I'm going with this.

IF there are 50 employees within a 75 mile radius, and since you worked for the company for more than 12 months, the Family Medical Leave Act (FMLA) applies. Under FMLA, a qualified individual (and you would qualify) is entitled to up to 12 weeks of protected leave (which can be unpaid) without risk to their job. If an illness or injury qualifies under FMLA, they CANNOT legally fire you, demote you, or move you to another position (unless that other position is equal in ALL ways to the position you had before the leave) unless you are unable to return to work for more than 12 weeks.

I do not know enough about herniated disc injuries to know whether or not they qualify as a "serious health condition" under the statute. Your doctor is most likely familiar with FMLA. You might ask him/her whether or not, in his/her opinion, your surgery should have been covered under FMLA. If s/he says no, then that's that. You do not have a wrongful termination and you have no legal case against the company. But if s/he says yes, then your option is to contact the Federal DOL (not the state DOL) and file a complaint of an FMLA violation. The company will then be required to show why your termination was NOT related to your leave.

This does not change my answers to your other questions. You are still not entitled to your vacation pay unless the company policy says you are, and you still have no legal entitlement to severance. Just in case you were wondering.

Good luck.

 

[Ebenezer]

Thank You

cgb