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Can I be fired?

dmoonchildddmoonchild Posts: 383
edited 06/11/2012 - 7:23 AM in Chronic Pain
I just returned to work from 3 months FMLA due to my back. This makes 4 months all together. I was out in May also. Anyway, I was told first thing this morning that I was being written up for mistakes that were made and I could be fired. I also got yelled at by another boss. I have a meeting with my big boss on Thursday. He didnt even have the balls to tell me himslf today. He had our Union Rep do it.


  • Companies can't fire you because you were out with FMLA, but they can sure find other reasons to.
    I had to hire an attorney for just such an issue.
  • Hopefully your Union Rep can help you out here, isn't that what unions are for? To protect you, the employee in situations just like this? And yes... get a lawyer on the phone soon. Write everything down. They can find anything to fire you for, but I am sure you can prove discrimination against your medical condition.

    Good Luck
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  • If you exceed 12 weeks of leave in a 12-month period, your employer has the right to terminate you. I'm a little confused by your being written up, though. What specifically did they write you up for?
  • I thought that as long as you were on medical leave you could not be fired for time off due to your condition (I am from Canada so the laws may be different). Here, even mat leave gives the person 1 year off with guarenteed employment after the 1 year.
  • BionicWomanBBionicWoman Posts: 617
    edited 06/20/2016 - 7:44 AM
    In the United States, the Family and Medical Leave Act of 1993 allows a certain employees to take up to 12 weeks of paid or unpaid leave during a 12 month period, with their job protected, assuming they meet specific requirements.

    First, the person has to have been an employee of the company for at least 12 months and worked at least 1,250 hours. The months/hours requirement is not consecutive, so seasonal workers, teachers, etc. are covered by FMLA once they meet the length of employment requirement.

    When you use FMLA for leave, your job and benefits are protected, meaning you can continue healthcare and other benefits exactly as you would if you were working; if you were paying for a portion of your benefits, you're required to continue to do so. At the end of your leave, you're entitled to return to your original position or a position of equivalent work, pay, and benefits.

    After 12 weeks of leave within the 12 month timeframe, your job is no longer protected by FMLA and the employer has the right to terminate you. They can choose to continue holding your position voluntarily, but they're not obligated to.

    That's the basics. All the gory details can be found on the US Department of Labor's website.


    I became very familiar with the FMLA regulations when I couldn't return to work after 12 weeks of leave and lost my job. 8}
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  • When my husband was off for 2 weeks after a work injury, he returned to work to find that someone new was already hired for his job. He was told they could not wait for him to come back. He saw the writing on the wall and went and found a WC atty that day. Good thing that was the only thing that saved him from loosing his job and everything else in his life.

    It has been two years now and we are still fighting.

    I agree with the others here document, document, document. Put a date on everything you document, document immediately after an incident at work happens. If you can record when they talk to you. All you have to do is turn on your phone and record. Protect yourself, your employer is looking for a cheap, easy way out.

    Good Luck
  • legally, they can't fire you for being out on disability, but as one person put it, they can find other things to get you for. they don't care if you are in pain or are on meds, they just look as excuses. they feel that if you can't do your job then you still need to be out. i have to be a downer, but this is what goes on. i do not have great feelings for unions also. they basically talk a lot but do nothing. go with the lawyer thing. try the union, but in my district, they will drop you like a hot potato and go with the administration. if you feel like you were forctd to come back too early then you might have a case. to me unions are useless. document everything. you have to be warned verbally, then a write up then remidation, then termination if they feel you are not making progress. too bad it is up to boss to determine if you have made progress. they can make up things if they want to. document, documennt. good luck and i hope you stick it to your boss
    I have 4 fusions from L5-3, the latest last May '12 where they fixed my disc that broke.They went through my side this time. I take 40 mg of oxycontin 4x a day and 4 fenatyl lollipops 300 micro gms 4x a day.
  • dilaurodilauro ConnecticutPosts: 11,348
    that while there may be some general ground rules that the FMLA dictate, many companies can make additional provisions on that. They at least have to meet the minimum, but can exceed any rule.
    You will hear on this site as well as others, that a company can not fire you when you are on medical leave and return.
    However, there are SO many loopholes, that the actual ground rules laid out for Federal FMLA can be easily be manipulated.

    In the larger companies, they generally have more lenient rules than what the government requests.
    But dont think for a second, those same companies know how to get around those rules as well as many others.

    Some valid reasons on how they can circumvent the rules:
    1) Your job/assignment has been done away with, so we do not have anything for you. But can you qualify for something else?
    2) State that based on your medical situation, you do not have the sharpness or ability to continue to perform your previous job to the standards required.

    And that goes on and on. Large companies have staff of lawyers to deal with situation like this.

    But anytime you are away from your job for apn extended period of time, as phxchele stated document everything. The more documentation you have regarding the job you were performing, the means on why you were away , etc the better it is to your advantage.

    Also, listen to what Amanda is saying. I have never been in a union, but I know that strong unions can make a major difference in how the employee and employer deal with medication leaves
    Ron DiLauro Veritas-Health Forums Manager
    I am not a medical professional. I comment on personal experiences
    You can email me at: rdilauro@veritashealth.com
  • They are writing me up for all the mistakes I had made this year. Basically they went thru my whole caseload and found mistakes. I am a Parole Officer and we have caseloads of over 300. It is completely unmanageable. All of our bosses know that. Not one Parole officer has a perfect caseload. Im guessing they are looking for a reason to can me so I dont keep going out on med leave and leaving them with a caseload to handle. I have gone thru my entire caseload in the past 2 days and I have to say, I think for being out 1/2 the year I did a pretty good job. My immediate supervisor in my office is a complete moron and all the big bosses know it. He was "put" in the position because his brother in law is a judge. The last time I went out on FMLA, he screamed at me over the phone and then hung up on me when I asked a question about FMLA. I eventually called my big boss and he was furious that I was treated that way. I understand and I take 100% responsibility for my mistakes, but I don't believe its call for a write up. I am actually a senior Officer and I am very good at my job. If they would go thru everyone's case load, Mine would look perfect compared.Also a guy was caught stealing $40,000 and he didnt get written up, so I think they are going thru the motions of canning me. Can ya get unemployment if ya get canned? Anyway, I feel better today, one day at a time. I am going to apply for a job where my hubby works. Its computer business and its a great place to work.
  • In that case, they certainly can fire you. If they're writing you up for mistakes that you actually made, technically that has nothing to do with your medical leave - beyond the need to write you up once you've returned.

    Prior to going out on medical leave, I was absolutely obsessive with my caseload. I knew others would be reviewing all of my cases and documentation while I was out and any mistakes would be magnified by other workers' irritation over having to take my caseload on top of their own overwhelming number of cases.

    It nearly killed me, but I didn't want a line of people staffing my cases with our supervisor and having every other statement begin with something I did or didn't do, because they were under the delusion that having my spine screwed together was the equivalent of a vacation in the Bahamas.

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