What can be done?

[Paigem245]

What is the name of your state?Massachusetts

I have been the Assistant Manager at a resort for around 3 years. A few months ago, the manager was fired and the developer of the resort's niece was hired as Manager. I am only 18 and was always praised and rewarded, whether it be verbally or by giving me a raise, for my performance at work.

In the time that I have worked there, I recall calling in sick possibly on three occasions before the week I was terminated. I went on vacation, which was approved a year in advance. I returned to work on a Monday. That evening, I went to a scheduled doctor's appointment and it was determined that I had a miscarriage. The next day, Tuesday, I called in and told the manager what happened and that I should only need the day. On Wednesday I returned to work. That night, the baby had passed and I was very ill. I was left no choice but to call in sick on Thursday. The manager seemed understanding and gave me no impression that this was unacceptable. Friday, against medical advice, I went to work. It was only for a few hours and my work is not strenuous. I was still vommiting and feeling sick at nighttime, so on Saturday I called in sick and told the manager I would give her a doctor's note because I really shouldn't be in anyways, I had just been pushing myself. She said that was OK. However, a few hours later I get a message on my phone from her saying "I'm sorry but we're going to have to let you go. You can't work here anymore so when you get a chance please bring me your keys. If you need me, call me on my cell."

I feel this is wrongful termination. Please tell me what I can do. I feel so wronged.

 

[cbg]

You are 18 and have been the assistant manager of the resort for three years? You were 15 when you were made assistant manager?

In any case, we don't have enough information to determine if a wrongful term has occurred or not. Contrary to popular belief, nothing in the law prohibits an employer from terming an employee for absences that were medically based.

To answer your question, we need to know the following;

1.) How many employees does your employer have within 75 miles of your location?
2.) In the last 12 months, have you worked a minimum of 1,250 hours?
3.) Did the manager know the NATURE of your illness? Or just that you were calling in sick?

 

[Paigem245]

I will be 19 this year (2005). I started working when I was 16 and I was made Assistant Manager last year (2004) when I was 17.

The manager was aware of my medical situation.

I would have to look at my pay stubs, but I persume I worked that amount of hours in the past 12 months.

I also am not positive on the amount of employees, but I am sure it is under 100.

I don't understand how legally nothing can be done after I was an outstanding employee there and them giving me raises so often proves they were aware of that, and then a new manager comes in and I am sick and get fired? This just amazes me.

 

[cbg]

The fact of the matter is, you do not have a guaranteed right to a job. You need to get used to the idea that many things that may not be fair are perfectly legal. This will by no means be the first time something happens in the course of your employment which you will think is unfair and for which there is no legal remedy. Life isn't fair and you may as well learn it now as later.

I didn't say nothing could be done. At this point I don't know if anything can or not. You go back, figure your pay stubs, and tell me yes or no if you worked 1,250 hours in the last 12 months. That's time WORKED, not time paid. It does not include vacation time, sick time, personal time, paid holidays, or any other time for which you may have been paid but were not actually on the job; it only includes time you worked. I also need to know whether the number of employees is over or under 50. I don't have to have the exact number but I do need to know that much.

The answers make a difference to whether you have any legal remedy or not.

 

[Paigem245]

Nevermind. I will seek alternate help. I'm not sure if you are a lawyer or just answering my inquiry, but either way you are rude. I am aware that life is not fair, and I advise you to adjust your attitude. Thanks for your "help."

 

[longneck]

wow, i hope she never gets a reply from IAAL.

 

[BelizeBreeze]

Nevermind. I will seek alternate help. I'm not sure if you are a lawyer or just answering my inquiry, but either way you are rude. I am aware that life is not fair, and I advise you to adjust your attitude. Thanks for your "help."

In other words, you were hoping no one would notice you're using some trumped up medical reason to file a frivilous lawsuit that you know won't make it past the front door.

I would have guessed you were 13. now go pout somewhere else.

 

[cbg]

YOU advise ME to adjust MY attitude?

Boy, are you going to have a hard time in life before you learn what real rudeness is.

 

[mlane58]

I am still amazed with entitlement attitude and the poor pitiful me syndrome these folks have. No work ethics and attitudes that rally suck -- just like the Yankees------GO Boston!!!!!

 

[cbg]

mlane; !!!!