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Job termination because of upcoming surgery North Carolina

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  • Job termination because of upcoming surgery North Carolina

    On Dec 29th I went to the hospital with chest pains. They found that my heart is fine by I was severly anemic. I was admitted to ICU and received a blood transfusion of 3 units. I called my employer and let them know what was going on. I had worked for this non-profit orginization for over 2 years. After I was released from the hospital the next morning I went in to work to write checks. I was a finance assistant and this had to be done. I had only planned on staying a couple of hours because I did not feel well and I was very tired but I stayed the whole day to make sure everything that needed to be done that week was completed in case I had any other problems. My boss told me when I left how much she appreciated me coming in and that I should take the next day off to recouporate. I told her thanks and because we had Thursday and Friday off as holidays it gave me 5 days to rest and feel better. On Monday I went to see my regular Dr during my lunch break. She told me I would have to have a hysterectomy ASAP. She scheduled an appt with the GYN Dr for Thursday and I went back to work. I told my boss that I was going to have to have surgery and that I needed to talk to her about scheduling it because not only did I need it to be soon but we were also a summer institute and I wanted to be well and back at work before our busy season began. I would be out of work for 4 to 6 weeks but may be able to do some work from home. The rest of the week I worked on getting things done early because i knew I would be out. We were working on implementing a new computer program. I had been told a little bit about how it would change my job. It was approved in the budget for me to have a new computer and printer. I was told by my boss that every check and deposit I had entered into the old system would have to be entered into the new system. So with that knowlede I kept all the check vouchers and receipts in numerical oder so that they would be easier to enter later. My boss kept telling all week how much she appreciated the work I was doing. On Friday Jan 9th about 10 min before time to go home she called me to her office to meet with her and the president of the company. She said there was no easy way to say this but basically my job had been eliminated. With the new computer program (that is not even close to being in place) there would no longer be a need for a finance assistant. I was devistated. I was three weeks away from moving into a new house that was almost finished being built. I was helping pay my parents morgage and insurance because my mom is disabled and my dad, who has diabeties, had not had any work in 5 months. And I have the upcoming surgery with a six week recovery time and was about to loose my insurance. It just feels like this was a sneaky way to get rid of me before I took medical leave. What are my rights and what can I do.

  • #2
    How many employees does your employer have within 75 miles of your location? There's a reason I'm asking.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      We had around 20 full time employees and many more during the summer.

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      • #4
        If it sounds like I'm being picky, there is a reason for it. I'm trying to determine if you have protection under the Family Medical Leave Act, and unfortunately it's still not clear based on what you have said.

        So...

        Will the total employee count ever go over 50, and if so for how many weeks in the year will the count stay that high? Be as precise as possible because it DOES matter.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          They have 19 full time, year round employees. For about 8 weeks in the summer they have 60 additional faculty members and 50 additional support members. They are a non-profit Organization Incorparated with 501(c) 3 statis.

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          • #6
            So they have over 50 employees for only 8 weeks out of the year?
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Unfortunately FMLA does not apply so you are not guaranteed any particular length of leave. The fact that the new system is being put in place is a legitimate reason to let you go.
              This is going to sound harsher than intended but it isn't your employer's fault you are building a house and paying for your parents' living expenses. They need not take such things into consideration when making business decisions. File for unemployment.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                I know that building a house and helping my parents has nothing to do with them. But it is still wrong that they let me go the same week that I told them I needed surgery. Especially when I was scheduled for training for the new program and was working extra hours to prepare for being out of work. I feel quite sure that I will be replaced. There is no way my boss can do all of her work and mine even with the new system and besides what kind of company allows all of their financial needs to be handled by only one person. Not safe money management if you ask me. There needs to be checks and balances in place where millions of dollars are concerned. So I am sure I will be replaced by a person with a new job title. Thanks for your help.

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                • #9
                  I agree that it is wrong. But everything that is wrong is not illegal.

                  It can't hurt to run your situation by an employment attorney in case there is a state or local statute that might apply.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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