M
misnutmeg
Guest
I have been with a company for over five years. My fiance has been with that same company diferent Department for 18 months, over a period of time due to a sezure condition and other illness(long story that) which I have an FMLA. Fmla comes into effect after you have been with the company one year. My nerologyst has requested that My fiance Stay home with me if a sezure occurs, (life threatening)i also cannot drive anymore. He had spoken to his supervisors and brought them doctors documentation they told him they would work with him on this, and not count it as occurances which can cause disiplinary action. We brought in these notes because he had been given written warning, due to these incidence in past and told to shape up. Which he did and he recieved a report of exceeding in all catagories including attendance when posting for an higher postion in company.we have that document, it was in dec 99.
In the mean while My father has had cancer and finally has died. In the last week of his life, my mother reported his condition often, I had two major sezures so my fiance called in to work for the both of us. I was a wreach. That friday morning very early my father died. So we went into work to inform them that we will need to leave the state for the funeral.
my boss is fine with it, says take all the time you need.
My fiance however they tell him that he has been given far to many chances, that he is to be terminated, but he can work the rest of the day and they will fill out paperwork tommorrow.
We go to the employee advocate who says we should go talk to my fiance's boss about options these are "extenuating circumstances" he says, and there are alot of other options, managers discretion he is sure that if we talk to her there should not be a problem, and he will call he on our behalf, I.E. personal leave, suspentions without payment. probation.he says my FMLA might not cover him since we are not legally wed.
We go to talk to his boss.
she says "come on in I dont bite" and then proceeds to tell us both that she will not use any of those options, that my fiance should have prescheduled time off, we ask how do you preshcedule a sezure?
She says that she just doesn't understand why we are upset "You are never at work it's not like you are going to miss the paycheck"
now he had not missed a scheduled day of work since April that was for one day, a sezure i had, and we were then talking to her in January when she says this to him. i was also present for the conversation. but she wishes him to work till tommorrow, when we have a plane to catch and we know at this point he is going to be terminated.
We are not married legally but we have lived together as a serious couple, having a handfasting ceremony, until we could save up for a wedding. Isn't he covered under my FMLA even if we are not legally married.(domestic partners) This state does not recognise common law. and isnt the implied comitment of his supervisor that the doctors notes stating the extreme need of him being with me if i have s sezure,that they understood the condition and it was alright to call in and they would excuse it. Meaning it was never really what they define as an occurance? and the appraizal in Dec says he was not even close to a final warning or step that warrented termination?
can we sue, do we have a prayer, the finacial burdon on top of the emotional one with the death of my father has been a great strain.
Are we beating a dead horse?
With my diability thes jobs were ideal for us both.
They said he can be rehired in 6 months, but how can we pay the bills till he find work for the same kind of pay. We both really enjoy this comany, we were committed to it and it's ideal, mission statement, now I cant trust what they say. How do I even know they will rehire him in 6 months? Actions speak louder than mission statements!I am still an employee there, but he is not. we went to the funeral as we told them we had to. priorities matter to us.
In the mean while My father has had cancer and finally has died. In the last week of his life, my mother reported his condition often, I had two major sezures so my fiance called in to work for the both of us. I was a wreach. That friday morning very early my father died. So we went into work to inform them that we will need to leave the state for the funeral.
my boss is fine with it, says take all the time you need.
My fiance however they tell him that he has been given far to many chances, that he is to be terminated, but he can work the rest of the day and they will fill out paperwork tommorrow.
We go to the employee advocate who says we should go talk to my fiance's boss about options these are "extenuating circumstances" he says, and there are alot of other options, managers discretion he is sure that if we talk to her there should not be a problem, and he will call he on our behalf, I.E. personal leave, suspentions without payment. probation.he says my FMLA might not cover him since we are not legally wed.
We go to talk to his boss.
she says "come on in I dont bite" and then proceeds to tell us both that she will not use any of those options, that my fiance should have prescheduled time off, we ask how do you preshcedule a sezure?
She says that she just doesn't understand why we are upset "You are never at work it's not like you are going to miss the paycheck"
now he had not missed a scheduled day of work since April that was for one day, a sezure i had, and we were then talking to her in January when she says this to him. i was also present for the conversation. but she wishes him to work till tommorrow, when we have a plane to catch and we know at this point he is going to be terminated.
We are not married legally but we have lived together as a serious couple, having a handfasting ceremony, until we could save up for a wedding. Isn't he covered under my FMLA even if we are not legally married.(domestic partners) This state does not recognise common law. and isnt the implied comitment of his supervisor that the doctors notes stating the extreme need of him being with me if i have s sezure,that they understood the condition and it was alright to call in and they would excuse it. Meaning it was never really what they define as an occurance? and the appraizal in Dec says he was not even close to a final warning or step that warrented termination?
can we sue, do we have a prayer, the finacial burdon on top of the emotional one with the death of my father has been a great strain.
Are we beating a dead horse?
With my diability thes jobs were ideal for us both.
They said he can be rehired in 6 months, but how can we pay the bills till he find work for the same kind of pay. We both really enjoy this comany, we were committed to it and it's ideal, mission statement, now I cant trust what they say. How do I even know they will rehire him in 6 months? Actions speak louder than mission statements!I am still an employee there, but he is not. we went to the funeral as we told them we had to. priorities matter to us.