Lady
Old Hand
Member of the Month - 9/08
I may live in Ohio but my heart belongs to the blue and the gold !
Posts: 659
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Post by Lady on Feb 5, 2010 0:49:14 GMT -6
As everyone knows I had hernia surgery on December 7th . I had complications from my surgery[infection ] and had to be readmitted to the hospital , and opened back up on December 23rd. They are doing negative pressure therapy which means I am hooked up to a wound vac and I have a VERY large hole in my stomach . Below is a link that explains . Well my problem is with my employer , they are threatening me with termination if I am not back to work by February 19th . I took FMLA leave and it ends the 19th ,but I wasn't expecting complications either . My doctor told me I might be able to return to work by March 31st . I am still under a doctors orders to be off work . My healing is progressing slowly ,much much slower than I thought it would be . I am sick of being sick, and attached 24/7 to this damn machine . It hurts . Enough of the whining ,my question is this , can they fire me while I am under a doctors order to be off work ? Any help would be appreciated . I have been with the company for 12 yrs and love my job . I'd be lost without my girls . en.wikipedia.org/wiki/Negative_pressure_wound_therapy |
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Post by Californian on Feb 5, 2010 7:32:04 GMT -6
As everyone knows I had hernia surgery on December 7th . I had complications from my surgery[infection ] and had to be readmitted to the hospital , and opened back up on December 23rd. They are doing negative pressure therapy which means I am hooked up to a wound vac and I have a VERY large hole in my stomach . Below is a link that explains . Well my problem is with my employer , they are threatening me with termination if I am not back to work by February 19th . I took FMLA leave and it ends the 19th ,but I wasn't expecting complications either . My doctor told me I might be able to return to work by March 31st . I am still under a doctors orders to be off work . My healing is progressing slowly ,much much slower than I thought it would be . I am sick of being sick, and attached 24/7 to this damn machine . It hurts . Enough of the whining ,my question is this , can they fire me while I am under a doctors order to be off work ? Any help would be appreciated . I have been with the company for 12 yrs and love my job . I'd be lost without my girls . It's probably time to consult an attorney who specializes in employment law, CL. Regrettably, the answer is probably "yes." Unless you have a contract, you are employed "at will" and your employment can be terminated at any time for any reason, or no reason. Good luck. |
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Post by SubSurfCPO(ret) on Feb 5, 2010 8:02:47 GMT -6
As everyone knows I had hernia surgery on December 7th . I had complications from my surgery[infection ] and had to be readmitted to the hospital , and opened back up on December 23rd. They are doing negative pressure therapy which means I am hooked up to a wound vac and I have a VERY large hole in my stomach . Below is a link that explains . Well my problem is with my employer , they are threatening me with termination if I am not back to work by February 19th . I took FMLA leave and it ends the 19th ,but I wasn't expecting complications either . My doctor told me I might be able to return to work by March 31st . I am still under a doctors orders to be off work . My healing is progressing slowly ,much much slower than I thought it would be . I am sick of being sick, and attached 24/7 to this damn machine . It hurts . Enough of the whining ,my question is this , can they fire me while I am under a doctors order to be off work ? Any help would be appreciated . I have been with the company for 12 yrs and love my job . I'd be lost without my girls . It's probably time to consult an attorney who specializes in employment law, CL. Regrettably, the answer is probably "yes." Unless you have a contract, you are employed "at will" and your employment can be terminated at any time for any reason, or no reason. Good luck. Yes, consult an attorney! Here is an excerpt from the DOL site Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
* for the birth and care of the newborn child of the employee;
* for placement with the employee of a son or daughter for adoption or foster care;
* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
* to take medical leave when the employee is unable to work because of a serious health condition.
www.dol.gov/whd/fmla/index.htmIt is hard to lay out the particulars here and all you would really get other than good advice is just that advice. An attorney can sort through it all and let you know if you have a case. I would say that since you have approved FMLA you cannot be terminated. But then again, I am not an attorney and not familiar with your specific case. |
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Post by brumsongs on Feb 5, 2010 8:07:38 GMT -6
Threatening them with the media might make them think twice. This is a journalist's dream.
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Post by SubSurfCPO(ret) on Feb 5, 2010 8:20:09 GMT -6
Threatening them with the media might make them think twice. This is a journalist's dream. While this sounds good, and believe me I would like to see these guys on the 6 o'clock news trying to explain this, it is a 'nuclear' option. In other words, this should be the last line of defense because regardless of the outcome the media will not and legally cannot protect a person's job. The protection under the law for a whistle-blower is only afforded to those that report to the appropriate government entity or authority. The local or national media does not qualify as an appropriate government entity. Utilizing an attorney and beating the employer with the stick she already may have, FMLA, may not be as glamorous, but it protects her and can possibly provide a reasonable and legal solution. |
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Lady
Old Hand
Member of the Month - 9/08
I may live in Ohio but my heart belongs to the blue and the gold !
Posts: 659
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Post by Lady on Feb 5, 2010 9:12:06 GMT -6
It's probably time to consult an attorney who specializes in employment law, CL. Regrettably, the answer is probably "yes." Unless you have a contract, you are employed "at will" and your employment can be terminated at any time for any reason, or no reason. Good luck. Yes, consult an attorney! Here is an excerpt from the DOL site Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
* for the birth and care of the newborn child of the employee;
* for placement with the employee of a son or daughter for adoption or foster care;
* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
* to take medical leave when the employee is unable to work because of a serious health condition.
www.dol.gov/whd/fmla/index.htmIt is hard to lay out the particulars here and all you would really get other than good advice is just that advice. An attorney can sort through it all and let you know if you have a case. I would say that since you have approved FMLA you cannot be terminated. But then again, I am not an attorney and not familiar with your specific case. My problem is I will be off work longer than the 12 weeks my FMLA covers, because of complications . |
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Post by SubSurfCPO(ret) on Feb 5, 2010 9:22:35 GMT -6
Yes, consult an attorney! Here is an excerpt from the DOL site Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
* for the birth and care of the newborn child of the employee;
* for placement with the employee of a son or daughter for adoption or foster care;
* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
* to take medical leave when the employee is unable to work because of a serious health condition.
www.dol.gov/whd/fmla/index.htmIt is hard to lay out the particulars here and all you would really get other than good advice is just that advice. An attorney can sort through it all and let you know if you have a case. I would say that since you have approved FMLA you cannot be terminated. But then again, I am not an attorney and not familiar with your specific case. My problem is I will be off work longer than the 12 weeks my FMLA covers, because of complications . Even with the rolling 12 months? |
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Post by rick4404 on Feb 22, 2010 21:47:52 GMT -6
You definitely want to get in touch with an attorney who is experienced in employment law. As the others have said, unless you have an employment contract which spells out specific rights, then you are employed "at will" and can be terminated at any time, with or without cause and with or without advance notice.
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Lady
Old Hand
Member of the Month - 9/08
I may live in Ohio but my heart belongs to the blue and the gold !
Posts: 659
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Post by Lady on Feb 22, 2010 21:53:47 GMT -6
You definitely want to get in touch with an attorney who is experienced in employment law. As the others have said, unless you have an employment contract which spells out specific rights, then you are employed "at will" and can be terminated at any time, with or without cause and with or without advance notice. I did some research and discovered that Ohio is one of those "at will " states so I have until March 31st to return to work or else they can get rid of me . I am finally starting to heal but it is rather slow going and it is going to be down to the wire when they finally remove this machine . All I know is I am in as much pain today as I was 2 months ago when I got this stupid wound vac. |
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Post by phatkat on Feb 28, 2010 11:41:18 GMT -6
You could be eligible to take an extended leave under the ADA. That would be possible if it wouldn't cause undue hardship to the employer. I'm guessing it wouldn't, as you're talking about a month or so extra leave, and it can take that long or more to hire and train a new person. www.e-hresources.com/Articles/Sept2.htm |
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Post by kma367 on Sept 13, 2011 16:46:50 GMT -6
You should consult an attorney if you haven't done so yet. The fact that your doctor won't permit you to return to work may act as an extension of the FMLA leave time, especially if you've been letting your employer know what's been going on with your condition/complications.
I suspect that your employer may also be experiencing some flack from other employees because of your extended leave. Years ago an employee in an office I worked in had some serious emotional problems and took FMLA leave. While she was hospitalized, we knew what was going on, but when she returned, we never knew when she was going to be at work, or when she was going to come in and leave after a few hours. When she wasn't there, everyone had to cover her duties, which added to our own. There were a few complaints, especially when this erratic attendance continued for five or six months.
kma367
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