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View Full Version : Fired while out sick Louisiana


arlj
03-04-2008, 06:45 PM
I have 2 questions.

I was out with my sick daughter on a Friday then I was sick on Monday. I have doctors excuses for both. I received a phone call while I was out Monday stating there was no longer a need for my position. I then called my doctors office back to ensure I had a doctors excuse and they told me they thought it was against the law to fire someone while they are out sick or with a sick child. Is this true or not?

I have worked over 40 hours a week almost every week for over 6 months. I have never been paid overtime. In fact when it was weekend hours worked my pay was reduced by several dollars an hour. When I asked about it I was told there was nothing I could do to change the way we are paid. Is this legal? Are there any loop holes for a certain # of employees? My duties were basic office & marketing duties. Everything I worked on had to have final approval. I was never given authority to make decisions.

Betty3
03-04-2008, 09:29 PM
Except under FMLA there is no job protection for being out sick yourself or being out sick with your daughter. Also, except under FMLA, a doctor's note holds no weight. The termination was legal.

Exempt employees get no add'l. pay over their regular weekly salary no matter how many hrs. they work. If you were non-exempt, you should have been paid overtime for all hrs. worked over 40 in a week assuming the FLSA applied.

Here is a link re exemptions from overtime:
http://www.dol.gov/esa/regs/complian...a_overview.pdf

Here is a link re the FLSA:
http://www.dol.gov/esa/regs/compliance/whd/whdfs14.pdf

If you believe you should have been paid OT for working over 40 hrs. per week, put in a claim with your state's DOL or file a lawsuit against your employer.

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