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Terminated for absenteeism due to serious illness.

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harry213

Junior Member
What is the name of your state?New York

I work for a union that refers me out to contractors for work. I was sent out to a company that was renovating an active sewage treatment plant. After several weeks of working around the raw sewage tanks I contracted a virus that left me ill for 3 days. I thought nothing of it thinking maybe it was food poisoning or something like that.
I returned to work after that and worked several more weeks before contracting another more serious virus. This time I was incapacitated and unable to work for two weeks. After returning to work and explaining my illness to my superiors and other co-workers I was relieved to know that I was not the only employee to come down with this type of illness and that other employees had also lost similar amounts of time from work due to it. The common denominator seemed to be the fact that we were being exposed to bacteria from the sewage. Even though the major symptoms had left I was still left feeling ill. I was left feeling week and had other minor symptoms. After taking a day off from work to see my Doctor about my condition, I received a call from my foreman that said I was being fired for absenteeism. Upon returning to my union with my termination slip and Doctors note my union informed me that I was being suspended and that I would not be referred out to any more jobs due to my "bad layoff". The Doctors note was not sufficient to justify my absence. Since then my blood results from my Doctor came back and it turns out that I tested positive for a life threatening viral infection. I have just received a letter from my union stating that I was being removed from the hiring list and deemed unemployable and unavailable for work. And my health insurance was cancelled retroactive to my termination date. I am now jobless and unable to seek treatment for my disease.
Do I have a case?
Thanks in advance for any reply.
 


cbg

I'm a Northern Girl
How long had you worked for this employer when you were terminated? And how much time, total, had you missed?
 

Beth3

Senior Member
1. How long had you worked for this union?
2. Did you work at least 1,250 hours for the union in the 12 months prior to your becoming ill?
3. Does the union employ at least 50 individuals at the location at which you work (or which you are assigned work from) or within a 75-mile radius?
 

harry213

Junior Member
I have been represented and referred out to wo work by my union for the past 10 years.I am under contract with them. During that time I have worked for various contractors anywhere from two months to over 3 years depending on the type of project. I worked for this particular contractor 2 months. He says I was out 13 days, but it was more like 15 days total.
 

harry213

Junior Member
My union represents over 14000 electricians, and thousands of other related workers. And they are responsible for administering all my benefits. The contractor I worked for last employed about 15 electricians at this particular site. I'm not sure how many other employees he had.
 

Beth3

Senior Member
I suggest you contact the federal Department of Labor and discuss whether a violation of the Family and Medical Leave Act has occurred. Given that you work for a "union hall" that may make your situation somewhat unique. The phone number for the DOL is 202-693-4650.
 

justalayman

Senior Member
I'm not sure of this persons exact situation but I am member of an electrical union in Indiana. If we both belong to the same union (I.B.E.W.) I believe the responders are misunderstanding the situation. I do not work for the union, I am reffered to employers by the union. If Harry213 is a member of the same union then, unless something is very different in his local, he is also not an employee of the union. From his statements I do not believe he considered himself to be an employee of the union but I think the responders merely misunderstood his relationship with the union. Mind you I am not an attorney nor do I represent the union in any way but I think Harry should be more concerned about the employers duty to provide a work area free from known hazards as it sounds as he may not have been required or offered proper training and/or equipment to work in a hazardous location. Concerning his status within the union, I have never heard of any person being treated this way let alone being totally removed from the work list. There are generally grievance procedures that can be followed if a member feels he is treated unfairly or illegally that would reach to the highest levels of the union if required.
 

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