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NEED HELP! Friend with MS fired from job!

Discussion in 'Off-Topic Discussion' started by TacoTitan11, Dec 2, 2011.

  1. Dec 3, 2011 at 9:11 AM
    #21
    BWro

    BWro Well-Known Member

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    Have her apply for FMLA... Family medical leave act. My employer tried the same shit with me. I am a type one diabetic. FMLA protects you from losing your job because of a medical condition
     
  2. Dec 3, 2011 at 9:12 AM
    #22
    TacoTitan11

    TacoTitan11 [OP] Well-Known Member

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    ok, thanks
     
  3. Dec 3, 2011 at 9:12 AM
    #23
    Tigahshark

    Tigahshark Senior NEWBIE

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    I think she is already gone from the job, you have to apply for that when you still work there
     
  4. Dec 3, 2011 at 9:16 AM
    #24
    babytruck

    babytruck Babytruck, babytruck...I've got a babytruck :)

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    Was she complaining all of the time? Did her doctor give her a note with limitations on it?
     
  5. Dec 3, 2011 at 9:20 AM
    #25
    babytruck

    babytruck Babytruck, babytruck...I've got a babytruck :)

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    FMLA gives you time (with pay) to take care of seriously ill family members if their doctor requires the patient to have around the clock care and you cannot afford outsourcing.

    If YOU are the person who is sick, it's like an extension of disability time/payments. You get a certain amount of weeks OFF of work if you are unable to perform your duties. I don't believe it has anything to do with losing your job because of your disability.

    http://www.dol.gov/whd/fmla/
     
  6. Dec 3, 2011 at 9:40 AM
    #26
    aznutx

    aznutx Well-Known Member

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    um if this is the case, then yes she should contact a lawyer, and if there's a witness i.e. another coworker im sure she'd win

    but otherwise if she wasnt able to meet those reduced hours etc, i dunno if there's anything one can do legally

    sorry about your neighbor
     
  7. Dec 3, 2011 at 2:27 PM
    #27
    TacoTitan11

    TacoTitan11 [OP] Well-Known Member

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    a good eyewitness would prove to be beneficial...good thinking, and thanks
     
  8. Dec 3, 2011 at 9:44 PM
    #28
    markmatters

    markmatters Viejon

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    We didn't talk to anybody. Just did the report like law enforcement said. The former asst. chief (who quit after that incident) talked to multiple agencies including the county's da office. They opened an investigation on him for that incident, embezzlement, sexual harassment, and creating a hostile working environment...the dude went on administrative leave and two months later went back to playing chief in his little district. I got picked up by another department with good reputation and never looked back. In fact, I never say I worked for that department. It's embarassing...but god bless that town and the uncertified 16 and 17 year old 'cadets' manning those engines and responding to emergencies.
     
  9. Dec 26, 2011 at 6:00 PM
    #29
    TacoTitan11

    TacoTitan11 [OP] Well-Known Member

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  10. Dec 28, 2011 at 7:23 PM
    #30
    TacoTitan11

    TacoTitan11 [OP] Well-Known Member

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  11. Dec 31, 2011 at 1:02 PM
    #31
    TacoTitan11

    TacoTitan11 [OP] Well-Known Member

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  12. Dec 31, 2011 at 4:19 PM
    #32
    Evil Monkey

    Evil Monkey There's an evil monkey in my truck

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    The first line says "unpaid". It's only "With Pay" in California.

    There also has to be at least 50 employees to be covered under FMLA (nationwide). Employers with less than 50 employees are exempt from the Act.

    http://www.dol.gov/whd/regs/compliance/whdfs28.htm
     
  13. Dec 31, 2011 at 4:26 PM
    #33
    Tigahshark

    Tigahshark Senior NEWBIE

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    Any updates?
     
  14. Dec 31, 2011 at 4:32 PM
    #34
    Evil Monkey

    Evil Monkey There's an evil monkey in my truck

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    All states are "At-Will" employment. It's embodied in the US Commerce Clause. 43 have additional Public exceptions.
    http://en.wikipedia.org/wiki/At-will_employment#Public_policy_exceptions
     
  15. Dec 31, 2011 at 4:33 PM
    #35
    TacoTitan11

    TacoTitan11 [OP] Well-Known Member

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    She is still looking for a lawyer....problem is that she can't even afford the consultation fee. Poor girl!
     
  16. Dec 31, 2011 at 4:34 PM
    #36
    Tigahshark

    Tigahshark Senior NEWBIE

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    That's jacked up!
     
  17. Dec 31, 2011 at 5:06 PM
    #37
    mbmchugh5

    mbmchugh5 My wife is scheduleing an intervention as we speak

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    This is a very good question the first thing I would do is contact the state labor board alot of people just dont know the labor laws even the ones in buisness for themselves and alot also rely on the fact that employees dont know their rights. I would contact the labor board first
     
  18. Dec 31, 2011 at 5:07 PM
    #38
    mbmchugh5

    mbmchugh5 My wife is scheduleing an intervention as we speak

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    Legal Aid???
     
  19. Dec 31, 2011 at 5:17 PM
    #39
    jtav2002

    jtav2002 Kenny Fuckin Powers

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    I can't provide much other than the fact at my last job we had a woman who had some medical issues. They had actually wanted to get rid of her but she was still essentially just meeting her obligations and being a pain in the ass was more or less why they wanted to get rid of her. Anyways, someone in HR straight out told me that they can't really just get rid of her because she will claim it is due to her medical issues and she would likely sue the shit out of them, and win.

    Hell, the woman even knew this, she said to me one time "I'd own this place if they try to get rid of me" It's a shame people like that try to milk the employers when someone in the case you described deserves to have their job. Hopefully she can end up getting a lawyer and get some sort of favorable outcome.
     
  20. Dec 31, 2011 at 5:18 PM
    #40
    babytruck

    babytruck Babytruck, babytruck...I've got a babytruck :)

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    Thank you for the correction. I'm from Cali and with a large corp so that's the difference....
     

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