What is the name of your state? California
Posted in the wrong forum so I decided to post this here. I hope someone can give me some kind of an answer here.
Hi everyone.. I worked for a large insurance company in California. Last year about September I went into detox because I had been taking pain meds for my shoulder for the longest time, and decided enough was enough. The pills were affecting my work to a point that I made a conscious decision to get surgery on my shoulder, and detox from pain meds.
Anyhow fast forward to February 2008. From when I came back to work until I was terminated I was on FMLA because of post acute withdrawal syndrome. The most major issue I had was sleeplessness. I was taking pills for about 3 years before stopping, and that basically the way I would fall asleep for the longest time. After I stopped taking the pills I had issues falling asleep, and a lot of stress issues dealing with PAWS (Post Acute Withdrawal Syndrome). I was documented to work 4 hours per day, and I came into work at 10am every morning. That left me enough time if I had sleep issues then I could still get about 2-3 hours sleep before going back into work.
One day I was unable to sleep until about 6am. I had fallen asleep, but didn't wake up in time to call in sick. I couldn't because if anyone has had sleep problems and been up for more than 40 hours that once you are out then nothing wakes you up.
I was terminated because although I did call in sick at about noon I didn't call in before my shift started at 10am... The thing about this is I had never heard of this "policy" at work, and never signed anything stating that there was a policy change. In fact I had called in sick about 10 times since my FMLA started back in October 2007, and never once did I call in before my shift. Do I have a case since I had a doctor file for FMLA which was approved for me for that specific reason of insomnia, and PAWS?
1. Work had never let me know that what I was doing was wrong, and I was on no kind of "attendance action" or writeup for attendance.
2. I was on Family Medical Leave Act (FMLA) and seeing a doctor for my PAWS, and my insomnia, so isn't that wrong for a job to fire me w/o any warning for not being able to wake up and call in in time after being awake for 40 hours straight?
any help is appreciated.
Gary
Posted in the wrong forum so I decided to post this here. I hope someone can give me some kind of an answer here.
Hi everyone.. I worked for a large insurance company in California. Last year about September I went into detox because I had been taking pain meds for my shoulder for the longest time, and decided enough was enough. The pills were affecting my work to a point that I made a conscious decision to get surgery on my shoulder, and detox from pain meds.
Anyhow fast forward to February 2008. From when I came back to work until I was terminated I was on FMLA because of post acute withdrawal syndrome. The most major issue I had was sleeplessness. I was taking pills for about 3 years before stopping, and that basically the way I would fall asleep for the longest time. After I stopped taking the pills I had issues falling asleep, and a lot of stress issues dealing with PAWS (Post Acute Withdrawal Syndrome). I was documented to work 4 hours per day, and I came into work at 10am every morning. That left me enough time if I had sleep issues then I could still get about 2-3 hours sleep before going back into work.
One day I was unable to sleep until about 6am. I had fallen asleep, but didn't wake up in time to call in sick. I couldn't because if anyone has had sleep problems and been up for more than 40 hours that once you are out then nothing wakes you up.
I was terminated because although I did call in sick at about noon I didn't call in before my shift started at 10am... The thing about this is I had never heard of this "policy" at work, and never signed anything stating that there was a policy change. In fact I had called in sick about 10 times since my FMLA started back in October 2007, and never once did I call in before my shift. Do I have a case since I had a doctor file for FMLA which was approved for me for that specific reason of insomnia, and PAWS?
1. Work had never let me know that what I was doing was wrong, and I was on no kind of "attendance action" or writeup for attendance.
2. I was on Family Medical Leave Act (FMLA) and seeing a doctor for my PAWS, and my insomnia, so isn't that wrong for a job to fire me w/o any warning for not being able to wake up and call in in time after being awake for 40 hours straight?
any help is appreciated.
Gary