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after 20 yrs

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johnbev

Junior Member
What is the name of your state?Idaho My wife last month had to have carple tunnle surgery. Due to 20 years of waitressing. Her employers said fine. After one week she got a termination notice. She had worked for these people for the 20 yrs. Is there anything we can do the owners own 3 buisnesses but only have about 30 employees she has not taken more than 4 sick days off in the last 7 yrs she is cleared to go back to work. and she can resume doing the job as before
 
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cbg

I'm a Northern Girl
Need a WHOLE lot more information than you've provided.

1.) Does the employer have at least 50 employees within a 75 mile radius?
2.) Has she worked at least 1,250 hours in the last 12 months?
3.) How much time has she missed due to the carpal tunnel and any other medical conditions in the last 12 months?
4.) Has she been medically cleared to return to work?
5.) Is she now, or is she likely to be in the near future, able to do the job she was hired for?
6.) If not now, but yes to the near future, how near are we talking about?
 

johnbev

Junior Member
can work

the owners have 3 buisnesses and about 30 employees. My wife has worked at least 40 hrs a week every week for past seven years at least she has taken maybe 4 sick days in that time. She is now cleared to go back to work and can resume regular duties
 

cbg

I'm a Northern Girl
She took only four days off for the surgery and has taken no time off previously? Is that what you're saying? I need to be absolutely clear on this.

Have other employees been laid off as well or just your wife?
 

johnbev

Junior Member
reply

she took 1 month off for surgery got the termination notice after 1 week and no other employees have been laidoff
 

cbg

I'm a Northern Girl
Since the company has less than 50 employees, FMLA does not apply, and the state of Idaho does not have any state-mandated leave time.

That being the case, the company is at liberty to let her go as soon as she has used whatever sick leave the company is prepared to sponsor. Few if any small employers can afford to have one employee off for a month or more.

While it may be short-sighted of them to terminate a twenty-year employee over a month's leave, it does not appear to be illegal.
 

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