fired in october, was not told until march

[Louiser]

What is the name of your state? WASHINGTON

Back injury at home a few months after starting a job, last date worked 10/19, and have been cleared for llight duty as of Feb. '04. Employer had me go back to my doctor twice at my expense and then asked that I go to a third (theirs) doctor for another opinion. Employer filled out a stop work paper for DSHS (since was unable to work and was hospitalized during Dec/Jan) dated 1/4/04. Letter states "...I give my employer permission to complete this form for the Dept of Social and Health Services", although the form does not state specifically that currently employed. Last week I went in to see my file and was given a paper stating I was terminated effective 10/31/03 but I was never told. The form says 'voluntary quit' due to physical condition but I was under the impression I still had a job and would be coming back to work as soon as physically able, an impression further confirmed by their repeated requests for doctor releases. They asked me to go to their doctor in February '04. The termination form also states in the note section that "unable to work for more than 2 months..." (the term date was one week after I worked last) "...due to injury of spine many years ago, now flared..." (injury was Oct/03 at home, no prior injury, did not tell them so) "...Multiple attendence/personal issues have interfered prior to this." Worked for two months and all checks show over 40 hrs, and multiple double shifts. Work schedule was 2 doubles and a single each week. Had to tell her not to schedule for 3 doubles in a row, for which was scheduled 3 times. No personal issues, so obviously no documentation of attendence or 'personal' issues evident at work.

Doesn't an employer have to tell you when they fire you? Also, was not a voluntary quit-I thought was still employed and on LOA because of continued discussions and requirements for doctor releases.

 

[Beth3]

"Doesn't an employer have to tell you when they fire you?" Actually, there is no law that requires that. There IS a law that requires employers with 20 or more employees to notify an employee when their group health insurance has been cancelled however, and to offer contuation coverage (COBRA.) If that applies here and your employer never notified you of your medical insurance being cancelled, they're in violation of federal law and you may file a complaint with the federal Department of Labor.

As to your leave, since you'd only worked there a few months, your employer did not have to offer you any medical leave at all. I find it odd that they didn't tell you that you were terminated at the end of October but not odd that they actually term'd your employment, given your short duration with them.

Unless COBRA applies (which I suspect is doubtful - you may not have been there long enough to qualify for participation in their health plan), then I don't see any unlawful actions on the part of the employer.

I think it was silly that they documented this as a voluntary quit when obviously you were terminated because you weren't available for work, but that's not illegal either.